Welcome to the Tailor Law Podcast. My name is [Your Name], and I’m delighted to be your host today. If you’re navigating the complexities of family law or divorce in Ontario, you’ve come to the right place. Here at Tailor Law, our goal is to provide clear, practical, and actionable advice to help you make informed decisions during one of the most challenging times in your life.
Today, we’re diving into an essential part of the divorce and family law process: case conferences. If you’re unfamiliar with what a case conference entails, don’t worry—we’ll break it all down for you. By the end of this episode, you’ll know exactly what to expect, how to prepare, and what a case conference can and cannot achieve.
So, let’s begin by addressing the fundamental question: What is a case conference?
A case conference is typically the first step in the family law court process in Ontario. It happens after the applicant has filed their application and the respondent has submitted their answer. Essentially, it’s an informal meeting between the parties involved, their legal representatives, and a judge. The goal is to identify issues, exchange information, and explore the possibility of resolving some—or all—of the matters at hand.
At the outset of a case conference, the judge will review the court file, including any documents submitted by the parties. Both sides, through their lawyers, will have an opportunity to present their perspectives and outline the key issues in dispute. The judge may then provide their insights or recommendations to guide the parties toward a resolution. This is often referred to as case management, as it helps streamline the process and clarify next steps.
Now, it’s important to manage expectations. A case conference is not a trial or a final decision-making event. Judges are limited in the types of orders they can make during a case conference. For example, they can issue procedural orders, such as setting deadlines for document disclosure or scheduling future steps in the case. However, they typically cannot make substantive orders on major issues like custody or property division without mutual consent from the parties.
Many clients ask whether a case conference could be their last day in court. While it’s technically possible for all issues to be resolved during a case conference, it’s rare. More commonly, the parties may reach agreements on smaller matters or gain clarity on the remaining issues, which can then be addressed in subsequent steps, such as settlement conferences or motions.
Let’s talk about what you can expect on the day of the case conference. First, most of the speaking will be done by your lawyer, so you won’t need to worry about presenting your case yourself. However, the judge may ask you a few direct questions for clarification. If that happens, your lawyer will guide you on how to respond.
The courtroom setup for a case conference is relatively straightforward. Besides the judge and the lawyers, there will be a court registrar who organizes the file and ensures everything runs smoothly. There may also be a court reporter recording the proceedings and a court services officer to assist with security and logistics. If the judge makes any orders or endorsements, you or your lawyer will receive a copy of these documents.
Another common question is whether you can bring someone with you for support. This is generally allowed, but it’s wise to think carefully about who you bring. For instance, bringing a new partner might escalate tensions with the other party, potentially making it harder to negotiate.
When it comes to preparation, your lawyer will handle most of the logistics, such as filing necessary documents and preparing submissions for the judge. That said, you should bring any specific materials your lawyer requests, such as updated financial statements or receipts. It’s also a good idea to bring something to keep yourself occupied, as there may be long periods of waiting, depending on the court’s schedule.
A case conference can take anywhere from a short meeting to several hours, depending on the complexity of the issues and the court’s availability. While the scheduled start time is usually 9:30 or 10:00 in the morning, you may have to wait for other cases to be heard first. It’s best to block off your entire day to avoid unnecessary stress.
Lastly, let’s discuss decorum. When attending court, dress appropriately in business casual attire to make a good impression. Avoid wearing hats, jeans, or anything overly casual. Turn off your phone and refrain from chewing gum in the courtroom. Courts are formal environments, and showing respect for the process can make a significant difference.
To summarize, a case conference is an invaluable opportunity to get a sense of the court process, clarify issues, and work toward resolution. It’s not the final word on your case, but it is a critical step in moving things forward.
If you have questions about your own case or need expert legal advice, Tailor Law is here to help. Our experienced team of family lawyers can guide you through every stage of the process, ensuring you’re informed and supported every step of the way. Visit us at TailorLaw.com to book a consultation today.
Thank you for listening to today’s episode of the Tailor Law Podcast. If you found this discussion helpful, be sure to subscribe and share this episode with others who might benefit. Until next time, take care and remember—you don’t have to face family law challenges alone.