Trial Management Conference in Ontario Family Court Explained

If your Ontario family case is heading toward trial, it helps to understand what a trial management conference is for. It is a chance to get ready before a judge hears the evidence, and preparation makes a real difference.

This article explains what the conference is for, what you must file, and how to prepare. Practice can differ by court and region, so check your own court's notices.

Where it fits in the conference process

In each case in which an answer is filed, a judge must conduct at least one conference. A case conference is optional in child protection cases, and international child abduction cases are treated separately. A case conference deals with exploring settlement, identifying the issues in dispute, ensuring disclosure and setting a timetable. A settlement conference looks at settlement chances and, if the case does not settle, identifies witnesses and schedules the trial. The trial management conference has its own purposes, described below. How these conferences fit together in your case depends on your situation, so it is worth confirming with a lawyer.

For a case conference, the parties complete Form 17 (Conference Notice) and Form 17A (Case Conference Brief), and Form 17A does not go into the Continuing Record unless a judge orders otherwise. For a settlement conference, each party files Form 17C (Settlement Conference Brief) and must also complete an Offer to Settle, which is mandatory. Neither goes into the continuing record.

A judge may sometimes 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).

What the conference is for

The purposes of the trial management conference include exploring settlement, ensuring the parties know what witnesses will testify and what other evidence will be presented, and setting the trial date if this has not already been done.

In practice that means the judge wants a clear picture of how long the trial will take and what each side plans to prove. Some regions may treat these conferences differently, for example by making them peremptory, so local practice directions matter.

At a conference, a judge may 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. That is why it helps to arrive with your disclosure complete and your position clear.

What must be ready beforehand

Each party must complete, serve and file Form 17E (Trial Management Conference Brief), which goes into the continuing record. You should come ready with:

• Your witnesses and what each will say.
• The documents you will rely on.
• An estimate of how long your cross-examination will take.
• Any interpreter or accommodation needs.

Confirmation deadlines and brief timing for this conference can vary by court, so check the notice you receive. For a settlement conference in the Ontario Court of Justice, each party must file Form 17F (Confirmation of Conference) no later than 2:00 p.m. three days before the conference, and the court may cancel the conference if a party does not confirm. Whether and when you must confirm your trial management conference is worth checking in your court notice or with a lawyer, so you do not risk losing your date.

Settlement and the judge

Settlement is still on the table. Settlement conference material is confidential and cannot be disclosed to another judge, except in an agreement reached at the conference or under an order. A judge who conducts a settlement conference on an issue generally cannot hear that issue at trial. Child protection cases have an exception.

Offers to settle must be signed personally by the party and their licensed representative. Costs consequences of offers are now dealt with through rule 18(12.1) and rule 24. How these rules apply to your case depends on your situation, so it is worth confirming with a lawyer.

What to do next

• Read the notice for the date, time and whether the appearance is in person or virtual.
• Complete Form 17E and serve and file it on time.
• List your witnesses and write a short summary of each one's evidence.
• Organize your documents in the order you will use them.
• Estimate cross-examination time realistically.
• Tell the court early about interpreter or accommodation needs.
• Think about whether a settlement offer makes sense before you go.

Check that your financial disclosure is complete. If required financial documents have not been served or filed, the court may order them served or filed, and if it does, it must also order the party to pay costs.

If you do not have a lawyer, a Family Law Information Centre can give free forms and general procedural information, though not legal advice. Low-income people may get free legal advice at court from Legal Aid Ontario advice lawyers and duty counsel.

Frequently asked questions