What Is a Judicial Case Conference in British Columbia?

If you are in a BC Supreme Court family case, you may have been told you need a judicial conference before going further. The rules call it a judicial case conference, and it is often the first real step after the pleadings are filed.

This article explains what the conference is for, how it differs from a trial, and what to have ready. It is general information and cannot tell you how a judge will see your case.

This article covers the law of British Columbia.

The name and why it matters

The Supreme Court Family Rules use the term judicial case conference, or JCC. If you see a different name for this meeting in an article or hear it from a friend, it is worth confirming which step is meant, since how it applies depends on your situation and a lawyer can confirm. Use the rule name when speaking with the registry.

Why you usually need one

Unless a JCC has been held, a party must not serve a notice of application or supporting affidavit. This means the JCC often comes before contested applications. A JCC may be requested at any time.

The Supreme Court has jurisdiction in all matters under the Family Law Act, subject to the federal Divorce Act. A JCC is part of how those matters are managed once a claim has been filed.

The steps that come before a JCC

A Supreme Court family case starts by filing a notice of family claim in Form F3, then serving each named respondent by personal service or a court-allowed alternative. A notice of family claim must be served by personal service unless the court orders otherwise, and personal service is proved by filing an affidavit of personal service in Form F15. The original notice does not stay in force for more than 12 months unless it is renewed.

• A respondent must file a response to family claim in Form F4 and serve it within 30 days after being served.
• A counterclaim is filed in Form F5 within 30 days after service of the notice of family claim.
• A person who files no response is not entitled to notice of later court appearances, hearings, conferences or trial.
• The filing fee for a notice of family claim is $200, although a Form F100 certificate of mediation from a qualified mediator can remove the fee if the other side was mediated with or the mediator found mediation inappropriate.

Other documents may be served by ordinary service, including mail, fax and e-mail, and each party must have an address for service. Financial disclosure documents must be filed and served within 30 days after service of the claim, or 60 days if the party lives outside Canada and the U.S..

What can happen at a JCC

At a JCC the court may do a number of things:

• identify the issues in dispute
• make consent orders
• mediate disputed issues
• direct a party to the Parenting after Separation program
• set timelines for documents and discovery
• reserve a trial date and set a trial management conference
• give a non-binding opinion on the probable outcome without hearing witnesses

Parenting After Separation is not mandatory in the Supreme Court, although a judge may suggest it.

How a JCC differs from a trial

If a trial judgment is made, an appeal goes to the Court of Appeal for British Columbia, and the notice of appeal (Form 1) is due within 30 days after the order is pronounced, unless another enactment sets a different period.

How to prepare

The notice of JCC (Form F19) must be served at least 30 days before the conference, and the original Form F8 must be filed at least 7 days before. If your Form F8 was served more than 91 days before a trial or hearing, you must serve an updated one at least 28 and not more than 63 days before.

Which parts of Form F8 you need depends on what is in dispute. Part 1 plus income documents are required when child support income information is required, and the documents include tax returns and notices of assessment for the 3 most recent years. Parts 1, 2 and 3 are required when spousal support is sought, changed or ended. If the parties agree on the payor's annual income, they can sign a Form F9 agreement to meet the child support disclosure rule.

• Check the dates for serving Form F19 and filing your Form F8.
• Gather your tax returns, notices of assessment and other income documents.
• List the issues you think are in dispute and which ones you could agree on.
• Think about what documents and discovery you would need in order to proceed.
• Consider whether mediation could help; Family Justice Centre services are free.
• Speak to a lawyer before the conference about your goals and options.

Frequently asked questions