What is a case conference?

The case conference allows the parties in dispute to hear the judge’s perspective on their positions. A judge must conduct at least one in every case where an answer is filed.

No motion may be heard and no notice of motion may be served until a case conference dealing with the issues in the case has been completed. However, if there is a situation of hardship, a case conference is not mandatory.

The purposes of a case conference include, but are not limited to: exploring the chances of settling the case, identifying the issues that are in dispute, exploring ways to resolve the issues that are in dispute, ensuring disclosure of all relevant evidence, and setting a specific timetable, if necessary, for the steps to be taken in the case before it comes to trial.

Each party must serve and file a Brief. A party who asks for a case conference shall serve a Case Conference Notice (Form 17) on the opposing party. This must be served on the other side and filed with the court at least seven days prior to the case conference.

Unless the court makes an order, these briefs are not included in the continuing record. The case conference briefs are either returned to the lawyers following the case conference or destroyed by the court staff.

For more information on case conferences, contact Krol and Krol, Barristers and Solicitors at 905.707.3370.