What Happens at a Case Conference in an Ontario Divorce?

If you have a first case conference date, you may be picturing a courtroom battle. In reality, a case conference is a more practical meeting where a judge looks at where you and your spouse agree, where you do not, and what needs to happen next.

This article explains in general terms what happens at a case conference in an Ontario family case, what you should prepare, and how it connects to later steps such as motions, settlement conferences and trial.

What a case conference is

Conferences in Ontario family cases are covered by Rule 17 of the Family Law Rules. In the Ontario Court of Justice, at First Appearance Court the clerk or judge schedules a case conference if an answer has been filed. A judge can combine all or part of the case, settlement and trial management conferences.

Think of the case conference as an early check-in. The aim is generally to identify the issues, see what information is missing, and look for ways to resolve or narrow the dispute. The exact approach varies by judge and by court.

Divorce claims can only be heard in the Superior Court of Justice, including the Family Court branch, and not the Ontario Court of Justice. The practices of the two courts differ, so follow the instructions for the court where your case is.

Why it matters for temporary orders

If you need a temporary order, for example about parenting time or support while the case is ongoing, the case conference usually comes first. You generally must attend a case conference on the substantive issues before serving a notice of motion, except for 14B motions, consent motions, and urgent or emergency motions.

Motions are governed by Rule 14, and they have their own forms and deadlines. A case conference is therefore often the gateway to getting temporary relief.

How a case conference differs from later conferences

Deadlines for the case conference brief itself depend on the court and the notice you received, so confirm them with the court or a lawyer.

How to prepare

Preparation does not need to be complicated, but it should be careful. Know what you are asking for and what your spouse is asking for. Be ready to explain in short, plain points what is in dispute.

Financial disclosure is central. The Court of Appeal calls the duty to disclose financial information the most basic obligation in family law. Unreasonable conduct such as late financial disclosure can reduce a costs award. If your financial statement is over 60 days old when you need it for a motion, you must update it.

Settlement offers also matter. A party who makes an offer at least seven days before trial that is not accepted, and who then gets a result as favourable or better, can get full recovery costs. A court may also consider any written offer, its date and terms, even if that rule does not apply.

What to do next

• Confirm the date, time, courthouse and whether the conference is in person or by video.
• Check which court your case is in and follow its brief rules, including the 8-page limit in the Superior Court.
• Gather your financial documents and make sure your disclosure is complete.
• List the issues in order of importance: parenting, support, property, divorce.
• Think about what settlement terms you could accept, and whether to put an offer in writing.
• Ask a lawyer whether you need a temporary order, because a case conference is generally needed first.
• Consider that costs rules favour a successful party unless that party behaved unreasonably.

Frequently asked questions