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Old 07-03-2013, 06:59 PM
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Tayken Tayken is offline
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Thumbs up Czutrin - Appeal - Purpose of Conferences Clarified! :)

Hi All,

Many people come to this site seeking advice as to what a justice can order at a conference. This recent case law from the very Honourable Mr. Justice Czutrin clarifies what many of the learned posters always state regarding what "can" be ordered at a conference.

My hats off to Justice Czutrin for this case law. No doubt it will be reported shortly...

A.B. v. N.L.A., 2013 ONSC 2990 (CanLII)
Date: 2013-06-20
Docket: FS-1200017931-0000
URL: CanLII - 2013 ONSC 2990 (CanLII)
Citation: A.B. v. N.L.A., 2013 ONSC 2990 (CanLII)

Quote:
To repeat, conferences are intended to assist in getting parties to a settlement or to trial readiness and to attempt to avoid motions. Conferences are not intended to be used as venues in which to determine opposed substantive matters on a final basis. They are not meant, and could not have been intended, to prevent a person from having an opportunity to be fairly heard according to the Rules. At conferences, it may often be appropriate to make procedural orders or temporary orders to preserve positions, provide for temporary support (based on sworn financial statements and undisputed facts), ensure necessary disclosure, and move the case along. However, seldom (if ever) should a final order be made at a conference when it is opposed and not on consent.
Good Luck!
Tayken
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