What is a pretrial conference in Ontario civil litigation?

A pretrial conference is a meeting held before trial in Ontario civil litigation, where a judge or associate judge meets with the parties (and usually their lawyers) to discuss the case. Pretrial conferences are required in most Ontario civil actions before a trial date is set. They serve several purposes: encouraging settlement, narrowing the issues that need to go to trial, resolving procedural matters, and estimating the time the trial will take.

At the pretrial conference, each side presents a brief written memorandum summarizing the case, the key issues, and their settlement position. The judge may make observations about the relative strengths of each side's position, suggest a settlement range, or identify issues where one party's position appears particularly strong or weak. While the pretrial judge does not make binding decisions on the merits, their views carry practical weight because an experienced judge's assessment often prompts parties to seriously reconsider their positions.

If the case settles at the pretrial conference — which happens in many Ontario cases — the terms are usually recorded immediately. If it does not settle, the pretrial judge and parties agree on a trial management plan including a timetable and the number of trial days required. The pretrial judge does not preside at the trial, which preserves the independence of the trial process.