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  • Case Conference Tips

    Have my first case conference shortly.

    Couple of questions (self representation)

    1) How do you address the judge? Your Honour? I believe learning about this in high school - something about "my lord" instead?
    2) Any tips to the whole thing? I know that without my consent that nothing is binding with respect to negotiations, but quite frankly, open to suggestions/advice.

    Thanks

  • #2
    Parties take turns speaking with the Applicant going first. Bow when you enter the court room, always wait your turn and stand when speaking. "Your Honor" is an acceptable way to address him/her. Stick with that instead of the lord thing.

    Read this:

    How to Prepare for a Case Conference in the Superior Court of Justice | The Law Society of Upper Canada

    CC's are an attempt to get parties to settle. Judges look for the most reasonable parties.

    Top Ten important CC rules (to me).

    Other then getting all the paper work and technicalities done right ...

    1. Keep your brief "brief"!
    2. Have an offer to settle prior
    3. Show eagerness to settle out of the courtroom
    4. Do not interrupt
    5. Use low or neutral tone and avoid shaking or nodding head when listening.
    6. Be sure to say that you will always respect other parents involvement
    7. Remain resolution-focused the entire time.
    8. Keep he said/she said statements out of affidavits, it irks judges
    9. Remain calm and dont let the OP get under your skin .. they will try.
    10. Don't sign or agree to ANYTHING you're not comfortable with .. it will haunt you later.

    Comment


    • #3
      Originally posted by mathatter89 View Post

      1) How do you address the judge?
      Say "your honour" and say it as if she/he was the most important person in your life and the person that may give you whatever you are asking for if they like who you are as a person and like how you threat them.


      Originally posted by mathatter89 View Post
      2) Any tips to the whole thing? I know that without my consent that nothing is binding with respect to negotiations, but quite frankly, open to suggestions/advice.

      Thanks
      I think LF32 covered it very well.

      start off by, Good morning your honour, just for the record, it is mat hatter ,
      m-a-t h-a-t-t-e-r (pause for clerks to jought it down), this is an application by myself to very the final order dated (state date). There has been some changes (state the changes that have taken place) and I am proposing this solution (state your solution).

      If it is an application 'Good morning your honour, just for the record, it is mat hatter ,
      m-a-t h-a-t-t-e-r (pause for clerks to jought it down), this is an application by myself for joint custody of _OUR_ children. As part of this request, I kindly request from this court that I be permitted to have access to_OUR_ CHILD on these dates, etc. I am prepared to pay child support based on guideline amounts.


      DO NOT interrupt the other parent when they are talking (wait until they are done) and don't try to get into circles with the judge. If you and judge disagree on something then remember that your conference judge will _NOT_ be your trial judge - you will get a different judge. The communications are private. The conference judge can be a very important ally for you to help persuade the other parent to agree to your terms without you having to go to a trial. The conference judges opinion is just really an _opinion_.

      Nothing can be made without your consent. If you have any concerns with anything that is proposed then wait your turn and kindly state your concerns.

      so if you disagree with something you could say "Your hon our I appreciate that but after having given this some thought, that solution could not work for us due to (State reasons as to why). Your reasons must be valid.

      If there is no agreements then "Your hounour, may I kindly suggest that we be given some time to think things over and possibly adjourn this matter back for a settlement conference in a couple months' time ?

      Don't forget to confirm your attendance and serve the other party and file your confirmation. Also remember to serve and file your case conference breif and study it before your court date. Have a look over the other parents but don't get bothered by anything they say - they must prove them and they must be relevant valid arguments.

      Be super polite. Be smart.
      Last edited by trinton; 06-14-2017, 11:35 PM.

      Comment


      • #4
        If you and judge disagree on something then remember that your conference judge will _NOT_ be your trial judge - you will get a different judge.
        For clarity: It is only the settlement conference judge who cannot be your trial judge. You can see the case conference judge, or TMC judge, at trial.

        In some jurisdictions, case conferences are held by case management masters. They can be called "Master" or "Your Honour". They wear a blue sash rather than the judicial red sash.

        Other than the prudent advice set out about, it would be helpful to bring notes for your case. This way, if you find your mind goes blank under pressure you can look at the notes and remember the theory of your case.

        Theory of your case - what you want and why you should get it.

        Comment


        • #5
          Thanks all.

          In my case, there are a few (3 or 4) cases that I would like to cite - they are almost identical to my case and they were ruled in my favour. Is citing precedent something that is done at case conference/settlement conference or is that really not necessary as long as I refer to a case without saying something like...."in X vs Y, this happened, and this is why it's relevant?". I have heard from friends/colleagues that the reasons as to why I think something is important is almost irrelevant outside of trial as it really comes down to a spreadsheet/maths.

          True?

          My understanding of these conferences is that it's held in a room with opposing party/counsel and a judge. Based on the above, it sounds like this is held in a courtroom. Is that right?

          Comment


          • #6
            Is citing precedent something that is done at case conference/settlement conference
            It is something that should be done, but is not done very often.

            To do it, you would attach the case to your conference brief and write in your brief how it applies to your case.

            Don't show up with a handful of cases, the judge/master will not have the time to read them.

            My understanding of these conferences is that it's held in a room with opposing party/counsel and a judge. Based on the above, it sounds like this is held in a courtroom. Is that right?
            All of the rooms in the courthouse are court rooms. There will be a court reporter and registrar. However people are not making submissions. How close it is to boardroom meeting, or to a "slightly less formal" court appearance, depends on the judge presiding.

            Comment


            • #7
              Originally posted by OrleansLawyer View Post
              It is something that should be done, but is not done very often.

              To do it, you would attach the case to your conference brief and write in your brief how it applies to your case.

              Don't show up with a handful of cases, the judge/master will not have the time to read them.



              All of the rooms in the courthouse are court rooms. There will be a court reporter and registrar. However people are not making submissions. How close it is to boardroom meeting, or to a "slightly less formal" court appearance, depends on the judge presiding.
              Fantastic. Thank you.

              Comment


              • #8
                I had one case conference and one settlement conference. The issues were all financial which is less emotional than things like child custody or access.

                My advice would be to write a good brief and stick to it. Everything should be in it. In both my case conference and settlement conference, the master and the judge had read it and drove the conversation. If you're self representing, you don't want to have to think on your feet. It's likely the first time for you while, if there is a lawyer on the other side, they've done it a few hundred times. Read from your brief if you have to.

                I was self rep'd but hired a lawyer so that I had the right format for my brief and wrote it in a style that the judge would be familiar with. I also had the lawyer review what I wrote. Cost me about $1,000 both times.

                For the settlement conference, I basically started with my case conference brief and reused 90% of it.

                Important to keep in mind that everything is on consent so be prepared to say no.

                Of course, you have to file everything on time with the court and the other side.

                Comment


                • #9
                  Originally posted by ifonlyihadknown View Post
                  I had one case conference and one settlement conference. The issues were all financial which is less emotional than things like child custody or access.

                  My advice would be to write a good brief and stick to it. Everything should be in it. In both my case conference and settlement conference, the master and the judge had read it and drove the conversation. If you're self representing, you don't want to have to think on your feet. It's likely the first time for you while, if there is a lawyer on the other side, they've done it a few hundred times. Read from your brief if you have to.

                  I was self rep'd but hired a lawyer so that I had the right format for my brief and wrote it in a style that the judge would be familiar with. I also had the lawyer review what I wrote. Cost me about $1,000 both times.

                  For the settlement conference, I basically started with my case conference brief and reused 90% of it.

                  Important to keep in mind that everything is on consent so be prepared to say no.

                  Of course, you have to file everything on time with the court and the other side.

                  Was it worth the $1000?

                  Comment


                  • #10
                    Just to bump this and get some info...

                    Anyone have any success in writing a good cc brief? My partner has a lawyer but we are also trying to save money so we are drafting, researching and organizing. He was going to start to lay out the brief and then have it ready for lawyers edit/input. My partner gets very emotional and wants to add stuff which is why I want to keep it short but relevant. Problem is, the access and sharing of information issues are VERY relevant to the case. There is case law where parties have been denied financial compensation due to refusal to share info. Plus his kids are pissed at him due to ex interference which has led to them terminating the relationship. Her refusal to include him and her continued interference/denial of access has led to the breakdown in the relationship.

                    My question is this: how best to refer to all of this? I know that it isn't an access issue, but the access issues have led to the financial issues because the ex is claiming he refuses to pay for anything and the kids are suffering emotionally/financially. Is it enough to simply state that she changed the terms and refuses to share info? Or should he cite examples and correspondence?

                    Comment


                    • #11
                      Originally posted by rockscan View Post
                      Just to bump this and get some info...

                      Anyone have any success in writing a good cc brief? My partner has a lawyer but we are also trying to save money so we are drafting, researching and organizing. He was going to start to lay out the brief and then have it ready for lawyers edit/input. My partner gets very emotional and wants to add stuff which is why I want to keep it short but relevant. Problem is, the access and sharing of information issues are VERY relevant to the case. There is case law where parties have been denied financial compensation due to refusal to share info. Plus his kids are pissed at him due to ex interference which has led to them terminating the relationship. Her refusal to include him and her continued interference/denial of access has led to the breakdown in the relationship.

                      My question is this: how best to refer to all of this? I know that it isn't an access issue, but the access issues have led to the financial issues because the ex is claiming he refuses to pay for anything and the kids are suffering emotionally/financially. Is it enough to simply state that she changed the terms and refuses to share info? Or should he cite examples and correspondence?
                      I was told by my lawyer (a senior partner) that citing cases, emotions and the like do not belong in case conference briefs or replies. You can feel free to bring up anything (including citing case law) but just note that it is not 'usual' to be doing so in any written reply. Citing cases/arguments are made in a trial, that's about it.

                      Comment


                      • #12
                        This I understand. Im confused on how to state it with the proof he has. For instance, ex has interfered in the relationship causing a break down in communications and sharing of info. The proof is documentation where kids have either "given permission to share", partner has had to go through teachers or kids have railed at him with info they shouldn't have.

                        His lawyer stresses this isn't about access and we understand that. But it involves access to information and the ex has manipulated the kids and their ages to prevent him from knowing anything.

                        His ex has claimed a pile of stuff that isn't true in her affidavit and at this point theres no clue if shes self repping. I worry that his lawyer is not aggressive enough but then that worry extends to how aggressive does he need to be? This is a person who refuses to adhere to the agreement and the law, who has dragged the children in and caused a breakdown in the relationship, who feels she is entitled to make any and all decisions and he is to simply pay up, and who has decided to file paperwork for money she is not entitled to with no proof or background for the claims.

                        When I read cases on canlii, the judges reference information and documents that have been provided to back up claims. Nothing like that has been provided.

                        I suppose we just wait for her case conference brief and go from there?

                        Comment


                        • #13
                          Having personally been involved in 20, 25, maybe more case conferences and now graduated to 5,10, maybe 15 trial management conferences, I have come to an epiphany. Each and every one has been a magnificent waste of time, money, energy and human resources. I stopped attending long ago. Started participating by phone. Not going to do that anymore either. Losing a day's pay to have the judge rant and rave for 2 minutes. Not going to happen a second time.
                          Not one single solitary issue has been settled to this point.

                          When you have a batshit crazy ex like I have case conferences and trial management conferences only serve to relieve you and your children of your financial resources. The judges themselves are full of bs.
                          We had one that told us he hadn't read any of our materials, another spent the entire conference lecturing both my ex and me that we should have better control of our lawyers.
                          On one occasion my ex deliberately violated the judge's court order by removing all the contents and furniture from the marital home ( while kids and I still living there). Next conference, instead of getting angry that he did this, the judge changed his order to now allow the removal of all the contents provided he doesn't sell or dispose of them without my signature.

                          Don't get stressed out about these ridiculous things called case conferences or TMC's. They're of no importance whatsoever. I don't even show up anymore. Just send my lawyer. When you're in a high conflict divorce with an unreasonable ex they're as useful as a herpes outbreak.
                          I'm only going to show up in court if we ever get to trial. We're only in our 6th straight year of litigation . Hopeful we'll get put on the trial list before my youngest celebrates the birth of his first grandchild!

                          Comment


                          • #14
                            Stillbreathing I would be of the same opinion as you had I been forced to go through case conferences. I will even go one further and say that they (case conferences) likely exist simply to make more money for the lawyers.

                            If you have 2 warring parties it makes sense to me to get in front of a judge (who has power/authority to make any and all decisions) as soon as possible so people can move on with their lives.

                            Mediation is another useless process IMO - why participate in something where you have to pay for a mediator and possibly end up not resolving anything?

                            I personally favor motions. At least there is a decision.

                            Comment


                            • #15
                              Originally posted by arabian View Post
                              I personally favor motions. At least there is a decision.

                              Im confused. The case conference is a result of a motion.

                              From what I understand the judge at a cc can make an order for certain things like updating child support. We are expecting they will update to the current amount at the first cc and then work through the other issues either at that one or at subsequent conferences.

                              It is interesting that the purpose of these conferences is to get parties to settle. They don't seem to work for unreasonable parties. The ex here is asking for things not entitled to by law. Not sure if she will heed a judges comments if given.

                              Comment

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