What happens at a pre-trial conference in an Ontario civil case?
A pre-trial conference is a meeting held before trial, presided over by a judge or case management master, where the parties discuss the issues in dispute and explore whether settlement is possible. In Ontario civil cases, pre-trial conferences are a standard step before a trial date is set.
At the conference, the judge reviews the strength of each side's position and often gives frank views on the likely outcome. This can be very useful — parties sometimes reach a settlement after hearing a judge's candid assessment. The conference also helps streamline the issues for trial if settlement is not reached, reducing the time and cost of the hearing itself.
Parties are expected to come prepared with a pre-trial conference memorandum that outlines the facts, issues, and their settlement position. Counsel (or the party, if self-represented) must have authority to settle the case or be able to reach their client quickly. The process is designed to reduce the number of cases that actually go to trial.
Key takeaways
- A pre-trial conference happens before trial and is presided over by a judge.
- The judge often gives candid views that encourage settlement.
- Parties must come prepared with a memorandum and settlement authority.
- Pre-trial conferences reduce trial time and frequently lead to resolution.