- A trial management conference is a scheduled meeting — usually before a judge, sometimes a case management judge — held shortly before an Ontario civil trial is set to begin.
- At a typical trial management conference, expect discussion of: 1.
- Lawyers for each side generally must attend.
By the time an Ontario Superior Court of Justice lawsuit is genuinely headed to trial, both sides have usually been through pleadings, discovery, and often mediation. The trial management conference is the meeting that locks in the practical details of how that trial will actually run — who is testifying, how long it will take, and whether there's still room for the case to settle instead.
For many litigants, this is the first time a judge, rather than a case management registrar or the parties themselves, gets directly involved in scheduling and shaping the trial. Understanding what's expected going in makes the conference far more useful.
This guide walks through what a trial management conference covers, who has to be there, and how to prepare.
What a Trial Management Conference Is
A trial management conference is a scheduled meeting — usually before a judge, sometimes a case management judge — held shortly before an Ontario civil trial is set to begin. Its purpose is administrative and strategic rather than about deciding the merits of the case: the judge wants to know the case is genuinely ready, and wants to iron out the mechanics before trial days are consumed by avoidable disputes.
It's distinct from a settlement conference, used earlier in Small Claims Court and some Superior Court matters, and from mediation. By the trial management stage, the parties have typically already explored those routes.
What Gets Decided
At a typical trial management conference, expect discussion of:
- How long the trial is realistically expected to take
- Which witnesses each side intends to call, including any experts
- Whether a jury has been requested and, if so, any issues that raises
- Outstanding procedural issues that need to be resolved before trial, such as disputes about what documents or evidence will be allowed
- Whether the parties are open to one more attempt at settlement before committing court time and expense to a full trial
- Logistics — courtroom scheduling, interpreters, technology needs, and similar arrangements
Who Must Attend
Lawyers for each side generally must attend. Whether the parties themselves are also required depends on the court's practice directions and the judge's directions for that particular case. Some judges want clients present so that settlement can realistically be discussed on the spot; others are content to deal with counsel alone. Confirm the specific attendance requirement for your conference rather than assuming.
How to Prepare
- [ ] Confirm your witness list, including any experts, well before the conference
- [ ] Have a realistic time estimate ready for your side of the case
- [ ] Resolve or narrow down any outstanding document or evidence disputes with the other side beforehand, where possible
- [ ] Think through your settlement position — even a late settlement can save significant trial cost
- [ ] Have your lawyer bring copies of key procedural documents, including any prior court orders
Common Mistakes to Avoid
- Treating the conference as a formality and showing up without a firm witness list or time estimate
- Waiting until the conference to raise a scheduling conflict you already knew about weeks earlier
- Failing to discuss settlement authority with your client — or, if you're the client, with your lawyer — beforehand
- Assuming the judge running the conference will also be the trial judge; that isn't always the case, and preparation shouldn't assume the trial judge already knows the file
What Happens If You're Not Ready
Showing up without a firm grasp of your witness list, time estimate, or outstanding issues can create problems beyond an awkward meeting. A judge who senses a case isn't genuinely trial-ready may adjourn the conference, direct the parties to come back once specific gaps are resolved, or, in more serious cases, signal that cost consequences could follow if a lack of preparation ends up delaying the trial itself. None of this helps your case move forward, and all of it is avoidable with early preparation.
What Happens After
Once the trial management conference concludes, the trial date and mechanics are generally set, and the case moves into final trial preparation, including — in the Superior Court of Justice — assembling the trial record itself. Decisions made at this conference are meant to hold, so raising a scheduling problem for the first time on the eve of trial rarely goes over well with the court.
Frequently asked questions
Is a trial management conference mandatory?
Requirements vary by region and case type, and court practice directions can change, so confirm with the court office or your lawyer whether one is required in your specific matter and courthouse.
Can a case still settle after the trial management conference?
Yes. Cases regularly settle right up to — and even during — trial. The conference is often one of the last structured opportunities to discuss settlement before real trial costs are incurred.
What if my lawyer and I disagree about whether I need to attend?
Talk it through directly with your lawyer. Attendance expectations depend on the judge and the courthouse, and your lawyer will know what's expected in your specific case.
Does the trial management conference decide who wins?
No. It's entirely about scheduling, logistics, and narrowing procedural issues, not about the merits of the claim. The trial itself is where the case is actually decided.
What if the parties settle at the trial management conference itself?
It happens more often than many litigants expect. Once trial costs come into sharp focus, the judge conducting the conference can often help the parties finalize terms on the spot, making the scheduled trial unnecessary.
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