Settlement Conference in Ontario Family Court Explained

If your family case is headed for a settlement conference, you may be wondering how it differs from the case conference you already attended, and what the judge will actually say. It is a meeting aimed at resolving the case, not a trial.

This article explains the purpose of the settlement conference in Ontario, what paperwork is required, and how to prepare. Details can vary by court and region, so follow the directions in your own notice.

Case conference versus settlement conference

In every case where an answer is filed, a judge must conduct at least one conference. The conferences have different jobs.

A later trial management conference looks at witnesses, evidence and the trial date, and uses Form 17E, which does go into the continuing record.

What the judge does and says

The judge's role is to help you explore settlement and, if possible, give a view of how the court might decide the case. That view is not a final ruling. It is meant to help each side measure the strengths and weaknesses of its position and the offers on the table.

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

Confidentiality and who hears your trial

Settlement conference material is confidential. It cannot be disclosed to another judge except in an agreement reached at the conference or an order. A judge who conducts a settlement conference on an issue generally cannot hear that issue at trial. Child protection cases are subject to a separate exception.

In practice, this lets you speak more openly about settlement options. You should still be careful and accurate, and talk through what to say with a lawyer.

Preparing: the brief, the offer and the deadlines

• Complete Form 17C (Settlement Conference Brief).
• Complete an Offer to Settle, which is mandatory.
• Make sure your offer is signed personally by you and by your licensed representative, if you have one.
• File Form 17F (Confirmation of Conference) no later than 2:00 p.m. three days before the conference; if a party does not confirm, the court may cancel the conference.
• Make sure required financial disclosure has been provided, since ensuring disclosure is one purpose of the conference.

The rules on the costs consequences of offers changed recently. Rule 18 was amended by O. Reg. 10/25, and costs are now dealt with through rule 18(12.1) and rule 24. If you are reading an older guide about offers and costs, check that it reflects the current rules. A lawyer can explain how an offer may affect costs in your case.

Combined conferences and what to do next

In some cases a judge may order a combined case and settlement conference. This can happen 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.

• Read your conference notice for the date, time and whether it is in person or virtual.
• Gather your financial disclosure and key documents.
• Decide in advance what outcomes you could accept and what you could not.
• Prepare your Offer to Settle and Form 17C early.
• Get legal advice before the conference, and before signing any agreement.

Frequently asked questions