RULE 17: CONFERENCES

CONFERENCES IN DEFENDED CASES

17. (1) In each case in which an answer is filed,

(a) a judge shall conduct at least one case conference, except as subrule (1.1) provides; and

(b) a judge may conduct a settlement conference, a trial management conference or both. O. Reg. 91/03, s. 6 (1).

EXCEPTION, CASE CONFERENCE OPTIONAL IN CHILD PROTECTION CASE

(1.1) In a child protection case, a case conference may be conducted if,

(a) a party requests it; or

(b) the court considers it appropriate. O. Reg. 91/03, s. 6 (1).

UNDEFENDED CASES

(2) If no answer is filed,

(a) the clerk shall, on request, schedule a case conference or set a date for an uncontested trial or, in an uncontested divorce case, prepare the documents for a judge; and

(b) a settlement conference or trial management conference shall be conducted only if the court orders it. O. Reg. 114/99, r. 17 (2); O. Reg. 544/99, s. 8 (1); O. Reg. 202/01, s. 5 (1).

MOTIONS TO CHANGE ORDER OR AGREEMENT

(3) Subrule (1) applies, with necessary changes, to a motion to change a final order or agreement under rule 15 in which an affidavit is served in response to the motion. O. Reg. 114/99, r. 17 (3).

PURPOSES OF CASE CONFERENCE

(4) The purposes of a case conference include,

(a) exploring the chances of settling the case;

(b) identifying the issues that are in dispute and those that are not in dispute;

(d) ensuring disclosure of the relevant evidence;

(e) noting admissions that may simplify the case;

(f) setting the date for the next step in the case;

(g) if possible, having the parties agree to a specific timetable for the steps to be taken in the case before it comes to trial; and

(h) organizing a settlement conference, or holding one if appropriate. O. Reg. 114/99, r. 17 (4).

Note: On July 1, 2004, subrule (4) is amended by striking out “and” at the end of clause (g), by adding “and” at the end of clause (h) and by adding the following clause:

(i) giving directions with respect to any intended motion, including the preparation of a specific timetable for the exchange of material for the motion and ordering the filing of summaries of argument, if appropriate.

See: O. Reg. 89/04, ss. 8 (1), 18.

case conference notice

(4.1) A party who asks for a case conference shall serve and file a case conference notice (Form 17). O. Reg. 544/99, s. 8 (2); O. Reg. 202/01, s. 5 (2).

PURPOSES OF SETTLEMENT CONFERENCE

(5) The purposes of a settlement conference include,

(a) exploring the chances of settling the case;

(b) settling or narrowing the issues in dispute;

(d) noting admissions that may simplify the case;

(e) if possible, obtaining a view of how the court might decide the case;

(f) considering any other matter that may help in a quick and just conclusion of the case;

(g) if the case is not settled, identifying the witnesses and other evidence to be presented at trial, estimating the time needed for trial and scheduling the case for trial; and

(h) organizing a trial management conference, or holding one if appropriate. O. Reg. 114/99, r. 17 (5).

PURPOSES OF TRIAL MANAGEMENT CONFERENCE

(6) The purposes of a trial management conference include,

(a) exploring the chances of settling the case;

(b) arranging to receive evidence by a written report, an agreed statement of facts, an affidavit or another method, if appropriate;

(d) ensuring that the parties know what witnesses will testify and what other evidence will be presented at trial;

(e) estimating the time needed for trial; and

(f) setting the trial date, if this has not already been done. O. Reg. 114/99, r. 17 (6).

COMBINED CONFERENCE

(7) On the consent of the judge and the parties, part or all of a case conference, settlement conference and trial management conference may be combined. O. Reg. 114/99, r. 17 (7).

Note: On July, 1, 2004, subrule (7) is revoked and the following substituted:

COMBINED CONFERENCE

(7) On the direction of the judge, part or all of a case conference, settlement conference and trial management conference may be combined. O. Reg. 89/04, s. 8 (2).

See: O. Reg. 89/04, ss. 8 (2), 18.

ORDERS AT CONFERENCE

(8) At a case conference, settlement conference or trial management conference the judge may, if it is appropriate to do so,

(a) make an order for document disclosure (rule 19) or questioning (rule 20), set the times for events in the case or give directions for the next step or steps in the case;

Note: On July 1, 2004, clause (a) is revoked and the following substituted:

(a) make an order for document disclosure (rule 19), questioning (rule 20) or filing of summaries of argument on a motion, set the times for events in the case or give directions for the next step or steps in the case;

See: O. Reg. 89/04, ss. 8 (3), 18.

(a.1) order that the evidence of a witness at trial be given by affidavit;

(b) if notice has been served, make a temporary or final order;

(d) on consent, refer any issue for alternative dispute resolution. O. Reg. 114/99, r. 17 (8); O. Reg. 202/01, s. 5 (3, 4).

CONFERENCES WITH A NON-JUDGE

(9) A case conference or settlement conference may be conducted by a person who has been named by the appropriate senior judge, unless a party requests a conference with a judge. O. Reg. 114/99, r. 17 (9).

SETTLEMENT CONFERENCE WITH JUDGE BEFORE CASE SET FOR TRIAL

(10) A case shall not be scheduled for trial unless,

(a) a judge has conducted a settlement conference; or

(b) a judge has ordered that the case be scheduled for trial. O. Reg. 114/99, r. 17 (10).

CASE CONFERENCE — MOTION TO CHANGE FINAL ORDER OR AGREEMENT

(11) Except in a child protection case, a motion for an order to change a final order or agreement under rule 15 shall not be heard before a case conference has been held. O. Reg. 91/03, s. 6 (2).

Note: On July 1, 2004, subrule (11) is amended by striking out “held” at the end and substituting “completed”. See: O. Reg. 89/04, ss. 8 (4), 18.

ENFORCEMENT — CONFERENCES OPTIONAL

(12) In an enforcement, a case conference, settlement conference or trial management conference may be held at a party’s request or on a judge’s direction. O. Reg. 114/99, r. 17 (12).

PARTIES TO SERVE BRIEFS

(13) For each conference, each party shall serve and file a case conference brief (Form 17A or Form 17B), settlement conference brief (Form 17C or Form 17D) or trial management conference brief (Form 17E), as appropriate. O. Reg. 202/01, s. 5 (5).

CASE CONFERENCE BRIEF IN CHILD PROTECTION CASE

(13.0.1) In a child protection case, a case conference brief shall be served and filed only if a case conference is being held under subrule (1.1). O. Reg. 91/03, s. 6 (3).

TIME FOR SERVICE OF BRIEFS

(13.1) The party requesting the conference (or, if the conference is not requested by a party, the applicant) shall serve and file a brief not later than seven days before the date scheduled for the conference and the other party shall do so not later than four days before that date. O. Reg. 202/01, s. 5 (5).

PARTIES TO CONFIRM ATTENDANCE

(14) Not later than 2 p.m. two days before the date scheduled for the conference, each party shall file a confirmation (Form 14C). O. Reg. 114/99, r. 17 (14); O. Reg. 202/01, s. 5 (6).

NO LATE BRIEFS

(14.1) No brief or other document for use at the conference may be served or filed after 2 p.m. two days before the date scheduled for the conference. O. Reg. 202/01, s. 5 (7).

PARTIES AND LAWYERS TO COME TO CONFERENCE

(15) The following shall come to each conference:

1. The parties, unless the court orders otherwise.

2. For each represented party, the lawyer with full knowledge of and authority in the case. O. Reg. 114/99, r. 17 (15).

PARTICIPATION BY TELEPHONE OR VIDEO CONFERENCE

(16) With permission obtained in advance from the judge who is to conduct a conference, a party or lawyer may participate in the conference by telephone or video conference. O. Reg. 114/99, r. 17 (16).

SETTING UP TELEPHONE OR VIDEO CONFERENCE

(17) A party or lawyer who has permission to participate by telephone or video conference shall,

(a) make the necessary arrangements;

(b) serve a notice of the arrangements on all other parties and file it; and

COSTS OF ADJOURNED CONFERENCE

(18) If a conference is adjourned because a party is not prepared, has not served the required brief, has not made the required disclosure or has otherwise not followed these rules, the judge shall,

(a) order the party to pay the costs of the conference immediately;

(b) decide the amount of the costs; and

CONFERENCE AGREEMENT

(19) No agreement reached at a conference is effective until it is signed by the parties, witnessed and, in a case involving a special party, approved by the court. O. Reg. 114/99, r. 17 (19).

AGREEMENT FILED IN CONTINUING RECORD

(20) The agreement shall be filed as part of the continuing record, unless the court orders otherwise. O. Reg. 114/99, r. 17 (20).

CONTINUING RECORD, CASE CONFERENCE BRIEF AND TRIAL MANAGEMENT CONFERENCE BRIEF

(21) Case conference briefs and trial management conference briefs form part of the continuing record. O. Reg. 544/99, s. 8 (3).

Note: On July 1, 2004, subrule (21) is revoked and the following substituted:

CONTINUING RECORD, TRIAL MANAGEMENT CONFERENCE BRIEFS

(21) Trial management conference briefs form part of the continuing record. O. Reg. 89/04, s. 8 (5).

See: O. Reg. 89/04, ss. 8 (5), 18.

CONTINUING RECORD, SETTLEMENT CONFERENCE BRIEFS

(22) A settlement conference brief does not form part of the continuing record unless the court orders otherwise at the settlement conference. O. Reg. 544/99, s. 8 (3).

Note: On July 1, 2004, subrule (22) is revoked and the following substituted:

CONTINUING RECORD, CASE CONFERENCE BRIEFS

(22) Case conference briefs do not form part of the continuing record unless the court orders otherwise and shall be returned at the end of the conference to the parties who filed them or be destroyed by court staff immediately after the conference. O. Reg. 89/04, s. 8 (5).

See: O. Reg. 89/04, ss. 8 (5), 18.

SETTLEMENT CONFERENCE BRIEF TO BE RETURNED OR DESTROYED

(22.1) A settlement conference brief that does not form part of the continuing record shall be returned, at the end of the conference, to the party who filed it, or shall be destroyed by the court staff immediately after the conference. O. Reg. 544/99, s. 8 (3).

Note: On July 1, 2004, subrule (22.1) is revoked and the following substituted:

DELETIONS FROM CASE CONFERENCE BRIEF INCLUDED IN RECORD

(22.1) If the court orders that a case conference brief form part of the continuing record, that portion of the brief that deals with settlement of the case shall be deleted. O. Reg. 89/04, s. 8 (5).

See: O. Reg. 89/04, ss. 8 (5), 18.

OFFERS TO SETTLE

(22.2) An offer to settle shall not be filed in the court file or continuing record except,

(a) as part of a settlement conference brief; or

(b) as directed by the court. O. Reg. 202/01, s. 5 (8).

Note: On July 1, 2004, subrule (22.2) is revoked and the following substituted:

CONTINUING RECORD, SETTLEMENT CONFERENCE BRIEFS

(22.2) Settlement conference briefs do not form part of the continuing record and shall be returned at the end of the conference to the parties who filed them or be destroyed by the court staff immediately after the conference. O. Reg. 89/04, s. 8 (5).

See: O. Reg. 89/04, ss. 8 (5), 18.

CONFIDENTIALITY OF SETTLEMENT CONFERENCE

(23) No brief or evidence prepared for a settlement conference and no statement made at a settlement conference shall be disclosed to any other judge, except in,

(a) an agreement reached at a settlement conference; or

(b) an order. O. Reg. 114/99, r. 17 (23).

SETTLEMENT CONFERENCE JUDGE CANNOT HEAR ISSUE

(24) A judge who conducts a settlement conference about an issue shall not hear the issue, except as subrule (25) provides. O. Reg. 91/03, s. 6 (4).

EXCEPTION, CHILD PROTECTION CASE

(25) In a child protection case, if a finding that the child is in need of protection is made without a trial and a trial is needed to determine which order should be made under section 57 of the Child and Family Services Act, any judge who has not conducted a settlement conference on that issue may conduct the trial. O. Reg. 91/03, s. 6 (4).