Case Conference in Ontario Family Court: What Happens and How to Prepare

If you are in an Ontario family case, the case conference is one of the key meetings along the way, where the focus is on moving your case forward. It is not a trial, and nobody decides who is right. It is a working meeting meant to move the case forward.

Knowing what the conference is for, which forms are due and when, and what the judge can order will help you walk in calm and prepared. This article walks through those steps in plain language.

When a case conference is required

Under rule 17(1) of the Family Law Rules, 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 under the rules.

What a case conference is for

Under rule 17(4), the purposes of a case conference include the following:

• Exploring the chances of settling the case.
• Identifying the issues in dispute and those not in dispute.
• Ensuring disclosure.
• Setting the next step.
• Setting a timetable.

At the conference, a judge may order disclosure of documents, questioning or summaries of argument, and may set timelines. The judge can also make consent or unopposed orders, and can refer issues to alternative dispute resolution if the parties consent.

How the conference gets scheduled

In the Ontario Court of Justice or the Family Court Branch, the clerk usually gives the applicant a first appearance date when the application is issued. That does not apply 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.

Other Superior Court of Justice cases are handled differently from those at Family Court Branch locations. In those cases the court does not schedule a first appearance when an application is issued, so the party must book a case conference instead. Booking and confirmation steps can differ by region, so check the local practice.

Whether an appearance is in person or virtual varies by region and can change through scheduling notices, so read your notice carefully.

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.

If a party does not confirm, the court may cancel the conference. Court pages describe these deadlines as days in some places and business days in others, so check how days are counted under rule 3 before you calculate your dates.

Why temporary-order motions usually wait

Temporary orders are requested by motion under Rule 14. Under rule 14(4), 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 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, contempt motions, and motions in child protection cases.

A judge may also order a combined case and settlement conference after 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.

What to do next

• Read your notice and note the date, time and whether the appearance is in person or virtual.
• Count your brief and confirmation deadlines carefully, checking how days are counted under rule 3.
• Complete Form 17 and Form 17A, and serve and file them on time.
• Confirm your attendance with Form 17F before the 2:00 p.m. deadline.
• Gather your financial disclosure and key documents so the judge can address disclosure.
• Think about what you could agree on, and which issues are truly in dispute.

Free help exists. Family Law Information Centres give free forms and general procedural information, though staff give information rather than legal advice. Low-income people may get free legal advice at court from Legal Aid Ontario advice lawyers and duty counsel. A lawyer can confirm how these steps apply to your situation.

Frequently asked questions