Court Procedure reviewed by Deepa Tailor, Senior Family Lawyer
Updated January 2026 to reflect Family Law Rules regarding Case Conference Briefs.
Too Busy to Read? The 30-Second Answer:
- •First Appearance: Strictly administrative. A clerk ensures your paperwork is complete. You usually do not see a judge.
- •Case Conference: The first meeting with a Judge. It is mandatory before any motions. The goal is to settle or narrow the issues.
- •The Strategy: The judge gives an "opinion" here. If you are prepared, this opinion can force a settlement and end the case early.
The First Impression
You pack the lunches. You drive to soccer. You read the bedtime stories. In every way that matters, you are preparing for your day in court. But the reality is this: your case will likely be decided long before trial.
Many lawyers treat the Case Conference as a "check-the-box" meeting—a formality to get through before the "real" litigation begins. We treat it as a mini-trial.
By presenting a watertight Case Conference Brief (Form 17A), we often convince the judge to side with you immediately, pressuring the other side to settle. This is where cases are won—or lost.
The First Appearance: The Paperwork Check
Let's start with what happens first: the First Appearance.
Don't expect drama. You won't see a judge. You won't argue your case. You won't even enter a courtroom in most cases.
The First Appearance is strictly administrative. A court clerk reviews your Application and ensures:
- ✓All required forms are filed
- ✓The other party has been properly served
- ✓Financial Statements (Form 13 or 13.1) are complete
- ✓A Case Conference date is scheduled
Reality Check:
If your paperwork is messy, your case stalls. Missing documents? Wrong forms? Improper service? You'll be sent back to fix it, delaying everything by months. We ensure 100% compliance so you move forward.
The Case Conference: The Strategy Session
Now we get to the important part: the Case Conference.
This is your first meeting with a judge. It is mandatory under the Family Law Rules before you can bring any motions (except emergencies). The stated purpose is to:
- 1.Explore settlement options
- 2.Narrow the issues in dispute
- 3.Set timelines for disclosure and next steps
- 4.Give the judge an overview of the case
The Critical Document: Form 17A (Case Conference Brief)
Before the Case Conference, both parties must file a Case Conference Brief (Form 17A). This is the document the judge reads before meeting you.
It includes:
- •A summary of the issues in dispute
- •Your position on each issue
- •What you want the judge to order
- •What disclosure is outstanding
- •Any settlement proposals made
The Tailor Law Difference:
Most lawyers write a generic, vague Brief. We write a persuasive legal argument. We cite case law. We attach key evidence. We frame the narrative so the judge sees you as the reasonable party and the other side as obstructive. This sets the tone for everything that follows.
What the Judge Can (and Cannot) Do
At a Case Conference, the judge cannot make final orders on substantive issues (like custody or property division) unless both parties consent.
But the judge can:
- ✓Make procedural orders (e.g., "You must provide tax returns by March 1")
- ✓Give a strong opinion on who is right or wrong
- ✓Suggest settlement ranges (e.g., "Based on the law, spousal support should be $2,000-$2,500/month")
- ✓Convert the conference into a final order if both parties agree on the spot
This is why preparation matters. If the judge says, "I think Parent A should have primary residence," that opinion carries weight. The other side knows that if they go to trial, they'll likely lose. Settlement becomes inevitable.
The Divorce Process Roadmap
Visual Timeline
Confused by the court steps?
Download the visual timeline of an Ontario Divorce. See exactly where First Appearance, Case Conference, Settlement Conference, and Trial fit in the process.
Preparation Is Everything
A Case Conference cannot proceed without proper financial disclosure. Under the Family Law Rules, you must file a Financial Statement (Form 13 or 13.1) before the conference.
This includes:
- •Income information (pay stubs, tax returns, T4s)
- •Assets and debts (bank statements, property values, credit card balances)
- •Monthly expenses (housing, childcare, transportation)
Common Mistake:
Many people file incomplete Financial Statements, thinking they can "fill in the blanks later." This backfires. The judge will adjourn the conference, order you to complete disclosure, and may award costs against you for wasting court time.
Our Case Conference Preparation Process
Document Review
We audit your Financial Statement for accuracy and completeness. Missing a bank account? We catch it.
Strategic Brief
We draft a Form 17A that tells your story persuasively, backed by evidence and case law.
Mock Conference
We role-play the conference with you, preparing you for the judge's likely questions.
Settlement Authority
We discuss your "walk-away" point so we can settle on the spot if the opportunity arises.
Need help with property division disclosure? Learn more about our Property Division services.
Virtual vs. In-Person: The New Reality
Since 2020, many Case Conferences in Ontario are held via Zoom or Microsoft Teams, especially in Toronto, Brampton, and Mississauga courts.
This has advantages (no travel, less intimidating) but also risks. Poor video quality, background noise, or technical glitches can undermine your credibility.
Zoom Court Etiquette: The Rules
- ✓Lighting: Face a window or use a ring light. The judge needs to see your face clearly.
- ✓Background: Plain wall or professional virtual background. No laundry, no unmade beds.
- ✓Mute: Stay muted unless speaking. Background noise (dogs, kids, traffic) is disruptive.
- ✓Dress Code: Business casual minimum. The judge can see you from the waist up—dress accordingly.
- ✓Eye Contact: Look at the camera, not the screen. This simulates eye contact with the judge.
- ✓Test First: Log in 10 minutes early to test audio/video. Technical issues are not an excuse.
Warning:
Judges have adjourned conferences and ordered costs against parties who showed up late, had poor connections, or appeared unprofessional on camera. Virtual court is still court.
Frequently Asked Questions
Do I have to speak at the Case Conference?
Usually, your lawyer does most of the talking. However, the judge may ask you direct questions, especially about your income, living arrangements, or the children's routine. Be prepared to answer clearly and honestly. We will coach you on what to expect.
Can we settle everything that day?
Yes. If both parties agree on all issues during the conference, the judge can convert the agreement into a Consent Order on the spot. This becomes a final, binding court order. This is the best-case scenario—your case ends that day.
What if I miss the Case Conference?
Missing a Case Conference is serious. The judge can:
- •Order costs against you (you pay the other side's legal fees for that day)
- •Strike your pleadings (dismiss your case)
- •Proceed without you and make orders in your absence
If you have a legitimate emergency, contact your lawyer immediately to request an adjournment.
How long does a Case Conference take?
Typically 30-60 minutes, depending on the complexity of the issues. Simple cases (e.g., uncontested divorce with no children) may take 15 minutes. Complex cases (high-net-worth property division, contested custody) may take longer or require a follow-up conference.
What happens after the Case Conference?
If you don't settle, the judge will make a Case Conference Order outlining next steps, such as:
- •Deadlines for additional disclosure
- •Scheduling a Settlement Conference (the next mandatory step)
- •Ordering assessments (e.g., parenting assessment, business valuation)
- •Temporary orders (e.g., interim child support, temporary decision-making)
Can the judge make temporary orders at the Case Conference?
Yes, but only with consent or in limited circumstances. If both parties agree, the judge can make temporary orders on issues like child support, spousal support, or parenting time. If you don't agree, you'll need to bring a formal motion for temporary relief.
Win the preparation, win the case.
The Case Conference is where momentum shifts. Let us prepare you to walk in with confidence and walk out with results.