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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-04-2017, 05:50 PM
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Default Ontario Superior Court - who schedules the case conference?

My STBX and I have both gone to the MIP. I filed for divorce and she is challenging it (equalization and SS dispute). No kids, no matrimonial home, and the case is with the Ontario Superior Court of Justice.

My understanding is for those of us with cases in the superior court, that a case conference date is not assigned by a court clerk. I guess the courts want to see if we can work it out among ourselves. That said, opposing counsel has not contacted us and we have not contacted them.

That said, who makes the move to the clerk to request a case conference for next steps? I assume either party...and what if neither party does for a while? I know that a trial date is scheduled < 1 year after the case conference date gets set.

Are there time limits while we're in limbo? (e.g. no case conference set?) Does the application for divorce get terminated after a while forcing me to reapply at some point?
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Old 09-05-2017, 08:15 AM
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It varies by jurisdiction.

In some places, you schedule your case conference when the original application is filed. Otherwise, you get the case conference date at your first appearance before the registrar.

If it does not happen for some reason then then either party can set a case conference by going to court to request it.

If neither party does it, cases receive notice of approaching dismissal (NAD) 1 year after they were originally filed. At that time, the next date for the case must be set or else it will be administratively dismissed.

Your trial is scheduled after the settlement conference. The settlement conference takes places after the case conference and any interim motions. If you ignore your case you will not be spontaneously given a trial date after a year; you will simply have to wait that much longer until trial.
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Old 09-06-2017, 09:48 PM
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Thank you

I also read "Once your case has started, you or your partner must schedule a trial within 365 days."

This is taken from Steps in a Family Law Case: Applicant | Family Law Flowcharts

This trial date thing with in 365 days. Is it 365 days from the time the application to divorce is filed (i'm the applicant), or is it 365 days from the time a case conference is requested?

Thanks
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Old 09-06-2017, 10:26 PM
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You must prepare a case conference brief, serve it, file it, then go to the trial coordinator and you will be given a few dates, you must both decide on the date, then they will schedule it.
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Old 09-07-2017, 08:31 AM
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Quote:
"Once your case has started, you or your partner must schedule a trial within 365 days."
What this means is that, after 365 days, if the next step has not been scheduled then the case can receive a "notice of approaching dismissal" (NAD) - meaning the entire case is dismissed for inactivity.

The original objective was to see cases set down for trial within a year of being started however that varies widely by jurisdiction. There are places in Ontario where you can get the trial date within a year; and there are places where you are unlikely to be heard within 3 years.

Quote:
Is it 365 days from the time the application to divorce is filed (i'm the applicant), or is it 365 days from the time a case conference is requested?
From the date the case was commenced - this is the day you first filed for divorce and paid your $167.
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