What is a pre-trial conference and what happens at one in Ontario?

A pre-trial conference in Ontario is a mandatory meeting held before a judge shortly before a civil trial is scheduled. Both counsel (or self-represented parties) must attend, fully prepared to discuss the case. The pre-trial conference serves two main purposes: to explore one final serious settlement opportunity and to ensure the case is fully ready for trial so court time is not wasted.

At the conference, the judge reviews the issues in dispute, the evidence each side intends to call, the anticipated length of trial, and any outstanding procedural matters. The judge may offer a candid assessment of each side's relative strengths and weaknesses — sometimes called a "frank assessment" — to help the parties appreciate the risks of proceeding to trial and motivate settlement.

The pre-trial judge is usually a different judge from the one who will hear the trial, to preserve impartiality. Any settlement discussions at the conference are privileged and cannot be disclosed to the trial judge.

Parties must file a pre-trial conference brief — a document summarizing their position, key evidence, and settlement history — before the conference. Coming to the conference without a fully considered settlement position is considered poor practice and can affect costs.