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DIVORCE & SEPARATION / FAMILY LAW PROCEDURE

The Case Conference in Ontario: What Happens and How to Prepare

The first major stop in your family law case. Learn why this meeting is 'Without Prejudice' and how to draft a winning Case Conference Brief (Form 17A).

Deepa TailorBy Deepa Tailor, Senior Family Lawyer
Published: January 28, 20269 Minutes Read

Legal Review: Reviewed by Deepa Tailor, to ensure compliance with Rule 17 of the Family Law Rules regarding Case Conferences.

Too Busy to Read? The 30-Second Answer
1

The Purpose:

A Case Conference is a meeting with a judge to discuss settlement, ensure financial disclosure is complete, and set timelines.

2

The Power Limits:

Generally, a judge cannot make final orders on disputed issues at a Case Conference (unless it is procedural). Their goal is to nudge you toward settling.

3

"Without Prejudice":

Discussions at a Case Conference are usually confidential. You cannot use what was said there against your spouse at a later trial (with some exceptions).

The Timeline: From Filing to Hearing

You cannot just walk into court. You must follow strict filing deadlines or the clerk will cancel your date.

1

Form 17A (The Brief)

You must draft a Case Conference Brief outlining the facts, your financial situation, and your settlement proposal.

2

Service Deadlines

The Applicant must serve their Brief 7 days before the hearing. The Respondent must serve theirs 4 days before. (Note: Deadlines are strictly enforced).

3

Confirmation (Form 14C)

You must file Form 14C by 2:00 PM two days before the hearing, or the court will delete your slot.

4

The Appearance

The meeting typically lasts 45–60 minutes. You, your lawyer, the other party, and the judge will attend (in person or via Zoom).

How to Impress the Case Conference Judge

Success at your Case Conference depends on proper preparation and understanding what judges expect.

Do This

Focus on Settlement

Come with a reasonable offer.

Complete Disclosure

Ensure your Financial Statement (Form 13.1) is updated within the last 30 days.

Be Brief

Judges read dozens of files a day. Keep your Brief concise.

Don't Do This

Don't Argue Facts

This is not a trial. The judge won't decide who is lying.

Don't Skip Deadlines

Late materials may not be read by the judge at all.

Don't Make Demands

Approach the conference with flexibility and willingness to negotiate.

Courtroom Myths

Understanding what actually happens at a Case Conference versus common misconceptions.

The Winning Myth

Myth:

"I'm going to prove he is a narcissist at the Case Conference and win full custody."

This approach will fail
The Procedural Reality

Reality:

A Case Conference judge rarely hears evidence. They read the briefs and give 'Process Directions' (e.g., ordering a property appraisal). You won't 'win' the case here; you just move it forward.

Focus on process and settlement

Key Takeaway:

Case Conferences are about procedure and settlement, not determining facts or making final decisions. Save your evidence and arguments for Settlement Conferences or trial.

Frequently Asked Questions

Preparing for Court?

A Case Conference Brief is your first chance to frame the narrative for the judge. Don't waste it. We draft strategic briefs that drive settlement.

Deepa Tailor, Senior Family Lawyer

Deepa Tailor, Senior Family Lawyer

Deepa Tailor is a skilled negotiator who uses the Case Conference process to settle files early, saving clients thousands in trial fees.