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Old 10-27-2016, 06:39 PM
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Question Settlement Conference coming up - got sent a TSEF

Hi,

I'm self representing for now. I'm the Respondent.

Had the Case Conference a while back.

Settlement Conference coming soon. I got my STBX's brief (it came early so I have a plenty of time to respond). STBX's lawyer slipped in a Trial Scheduling Endorsement Form (TSEF) listing the witnesses, experts etc. that he intends to call at trial. I've been asked to fill in my part "in the next few days."

My first thoughts are whooaaaa! Seems like he's getting ahead of himself. The Settlement Conference hasn't even happened. My understanding is that the TSEF is something that is submitted at the Trial Management Conference which isn't even on the radar yet.

I'm assuming I can safely ignore the TSEF for now. Or at least until a Trial Management Conference is scheduled.

Someone correct me if I'm wrong.

Thanks, as always.
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Old 10-27-2016, 08:23 PM
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trinton has a little shameless behaviour in the past
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getting way ahead of themselves, perhaps it is intended to intimidate you
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Old 10-28-2016, 12:13 PM
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Quote:
Settlement Conference coming soon. I got my STBX's brief (it came early so I have a plenty of time to respond). STBX's lawyer slipped in a Trial Scheduling Endorsement Form (TSEF) listing the witnesses, experts etc. that he intends to call at trial. I've been asked to fill in my part "in the next few days."
Trial Scheduling Endorsement Forms are to be filed at the settlement conference. The case is then set for trial.

This is a change in how the family system works, which started in early 2015 (when TSEF were Form 1 for each party, judge fills Form 2) until May 2016, when the current form came out. It is a single unified form that the parties are expected to have agreed on as of the settlement conference (or will resolve disputes there).

This is not left to the trial management conference because:
1 - the TMC is optional, and usually only happens if there is a self rep involved; and
2 - the TMC is usually scheduled at assignment court, and will occur a week or two before trial. That is not helpful for determining timelines.

The purpose of having the forms completed for the settlement conference is to ensure that parties are on their way to being trial ready for the conference. If someone has a reasonable idea of what will occur at trial then they are less likely to take an asinine position.

The second purpose is to avoid people either being completely unprepared on day 1, because they haven't thought about their case (or thought about it too late and are now in a panic), or not telling the other side what case they are defending against (and so the other side is forced to incur much higher costs to over prepare).

Quote:
I'm assuming I can safely ignore the TSEF for now.
It depends on your judge. Possible results are:
- other side gets to dictate the schedule to prepare for trial
- judge refuses to set matter down for trial; you have to come back for another settlement conference
- judge does not mind and trial is set down anyways

Note that the best result for you is neutral, while the worst is a tactical disadvantage.

Quote:
getting way ahead of themselves
It is never too early to prepare for trial.
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Old 10-28-2016, 12:23 PM
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Wow! I can't find anything like this in the O. Reg. 114/99: FAMILY LAW RULES. The closest I can find is:
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.1) make an order requiring the parties to file a trial management endorsement or trial scheduling endorsement in a form determined by the court;
There was no such order made at the only previous case conference so I'm a little surprised.

Thanks,
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Old 10-28-2016, 01:24 PM
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Quote:
There was no such order made at the only previous case conference so I'm a little surprised.
It is a practice direction.

See:
Rules and Forms | Superior Court of Justice
Which requires the form for, or immediately after, the settlement conference.

This is confirmed in local practice directions, such as:
Practice Direction Regarding Family Cases in the Superior Court of Justice East Region | Superior Court of Justice
Consolidated Practice Direction Concerning Family Cases in the Toronto Region | Superior Court of Justice
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