- Once an answer is filed, a judge must conduct at least one conference in the case, with exceptions for child protection and international child abduction cases.
- You complete Form 17 and Form 17A, and you must confirm with Form 17F by 2:00 p.m. three days before or the court may cancel the conference.
- Most motions cannot be heard until a conference dealing with the substantive issues is done, unless urgency, hardship or an exemption applies.
A case conference is a meeting in an Ontario family case where the purposes include exploring the chances of settling, identifying the issues in dispute and those not in dispute, and setting the next step. It is a structured chance to sort out what is and is not in dispute and to plan what comes next.
If you have one coming up, the paperwork and deadlines can feel tight. This article walks through why the conference happens, what to file and when, what a judge can do, and how it connects to motions. Details can differ by court and region, so confirm your own court's practice.
Why a case conference happens
In each case in which an answer is filed, a judge must conduct at least one conference. There are exceptions: a case conference is optional in child protection cases, and international child abduction cases are treated separately.
The purposes of a case conference include exploring the chances of settling the case, identifying the issues in dispute and those not in dispute, ensuring disclosure, setting the next step, and setting a timetable.
How you get a conference date depends on the court. At the Ontario Court of Justice or the Family Court Branch, the clerk usually gives a first appearance date when the application is issued, except where the applicant seeks a divorce or makes property claims. At the first appearance the clerk checks that documents have been served and filed, refers the parties to information and alternatives such as mediation, and schedules a case conference. In the Superior Court of Justice, no first appearance is scheduled and the party must book a case conference instead.
The forms and deadlines
For a case conference, the parties complete Form 17 (Conference Notice) and Form 17A (Case Conference Brief). Form 17A does not go into the Continuing Record unless a judge orders otherwise.
| Step | Form | Deadline |
|---|---|---|
| Notice of the conference | Form 17 (Conference Notice) | Complete for the conference |
| Brief from the party who requested the conference (or the applicant, if no one else asked) | Form 17A (Case Conference Brief) | Serve and file at least six days before |
| Brief from the other party | Form 17A (Case Conference Brief) | Serve and file at least four days before |
| Confirmation | Form 17F (Confirmation of Conference) | No later than 2:00 p.m. three days before |
Do not skip the confirmation. If a party does not confirm, the court may cancel the conference.
Be careful about how days are counted. Ontario Court of Justice pages describe the brief deadlines as six days and four days, while the Ontario guide describes them as business days. The counting rules are in the Family Law Rules, so confirm with the court or a lawyer before relying on a date.
What a judge can do at the conference
A conference is more active than many people expect. Under rule 17(8), a judge at a conference may order disclosure of documents, questioning or summaries of argument. The judge can also set timelines, make consent or unopposed orders, and refer issues to alternative dispute resolution if the parties consent.
- Disclosure: ensuring disclosure is one of the purposes of a case conference, and a judge at a conference may order disclosure of documents. Separately, if a party has not served or filed required financial documents, the court may, on motion, order the party to serve or file them, and if it makes that order it must also order the party to pay costs.
- Narrowing issues: be ready to say clearly what you agree on and what you do not.
- Next steps: the judge may set a timetable and the next step in the case.
Conferences and motions
Temporary orders are requested by motion. As a general rule, no notice of motion or supporting evidence may be served, and no motion may be heard, until a conference dealing with the substantive issues has been completed.
There are exceptions. The bar does not apply if the court is of the opinion that there is a situation of urgency or hardship, or that a case conference is not required for some other reason in the interest of justice. Some motions are also exempt, including motions without notice, on consent, unopposed or limited to procedural matters; summary judgment motions; contempt motions; and motions in child protection cases.
If you have an urgent issue such as parenting arrangements or support, a lawyer can help you work out whether an exception may apply.
Other conference types and format
A case conference is only one kind of conference. A settlement conference aims to explore settlement and, if possible, get a view of how the court might decide the case. A trial management conference prepares the trial.
A judge may order a combined case and settlement conference if the parties tried family mediation or a legal aid settlement conference that included screening for power imbalances and domestic violence. Required financial disclosure must have been provided, no temporary-order motions can be pending or contemplated, and each party must file Form 17G (Certificate of Dispute Resolution).
Whether an appearance is in person or virtual varies by Ontario Court of Justice region and can change through scheduling notices. Superior Court of Justice procedures for booking, confirmations and briefs can also differ by region. Check your court's current notices.
What to do next
- Check the date, time and whether the conference is in person or virtual.
- Complete Form 17 and Form 17A, and mark the brief deadline on your calendar.
- Confirm the counting rule for your brief deadline with the court.
- File Form 17F by 2:00 p.m. three days before the conference.
- If you are claiming support, property or exclusive possession of the matrimonial home, serve and file a financial statement (Form 13 or 13.1), unless your only support claim is table-amount child support with no property or exclusive-possession claim.
- Think about what you could agree on, and what you need the judge's help with.
Free help is available. Family Law Information Centres give free court forms and general information about procedure, but staff give information, not legal advice. Low-income people may get free legal advice at court from Legal Aid Ontario advice lawyers and duty counsel. A lawyer can help you prepare your brief and plan your goals for the conference.
Frequently asked questions
Do I have to attend a case conference?
Whether you personally must attend, and in what format, depends on your situation and your court's notices, so it is worth confirming with the court or a lawyer before deciding to skip one. What the rules do say is that in each case in which an answer is filed, a judge must conduct at least one conference. In child protection cases a case conference is optional, and international child abduction cases are treated separately.
What happens if I do not file Form 17F?
Each party must file Form 17F no later than 2:00 p.m. three days before the conference. If a party does not confirm, the court may cancel the conference.
Does Form 17A go in the court file?
The requesting party or the applicant serves and files Form 17A at least six days before the conference, and the other party at least four days before. Although it is filed with the court, Form 17A does not go into the Continuing Record unless a judge orders otherwise.
Can I bring a motion before the case conference?
Usually not, because a motion generally cannot be heard until a conference dealing with the substantive issues has been completed. Exceptions exist for urgency or hardship, and for certain exempt motions.
Sources
- Ontario.ca – Guide to procedures in family court: Steps to filing an application — ontario.ca
- Ontario Court of Justice – Going to Court (family) — ontariocourts.ca
- Family Law Rules, O. Reg. 114/99, r. 13(1) — Ontario e-Laws
- Ontario Court of Justice – Case conferences — ontariocourts.ca
- Ontario.ca – Guide to procedures in family court: Steps to attending a conference — ontario.ca
- Ontario Court of Justice – Settlement conferences — ontariocourts.ca
- Ontario Court of Justice – Trial management conference — ontariocourts.ca
- Ontario Court of Justice – Combined conferences — ontariocourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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