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Old 08-27-2013, 10:50 AM
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Can someone confirm that Rule 17.(24):

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).


..........applies only to a judge who heard an SC?


I have read previously on the forum that a judge who who heard any conference, be it CC, SC or TMC cannot be the trial judge.
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Old 08-27-2013, 11:12 AM
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I thought it was the same, no judge that heard conference could handle the trial.
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Old 09-04-2013, 12:22 AM
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FWIW

The trial coordinator (I spoke with today) answered the question as follows:

Any judge that heard a case conference or trial management conference can also preside over the trial.

It is that only the judge that heard the settlement conference that is precluded from being the trial judge, notwithstanding the "child protection" exception.
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Old 09-04-2013, 09:22 AM
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Quote:
It is that only the judge that heard the settlement conference that is precluded from being the trial judge, notwithstanding the "child protection" exception.
The reason for this is:
Quote:
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).
The settlement conference is without prejudice. While settlement discussions at the case conference and TMC are without prejudice, the conferences themselves are not. For example, see

Quote:
CONTINUING RECORD, TRIAL MANAGEMENT CONFERENCE BRIEFS

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

Quote:
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).
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