Case conference - what happens next?

[bake]

Can someone tell me what possible outcomes can happen after a case conference.

I'm self represented and ex has a lawyer. What can her lawyer request or ask for? I'm just trying to get prepared.

My case conference is coming up in 2 weeks.

Thanks

[Robinm]

My experience with my own case has been that I don't understand the process, the lawyers follow their own process and the justice rules on things that don't make sense...so I would recommend hiring a lawyer at least for the first while if your case has any complexity to it.

The best option is to avoid court at all costs...if you can.

[freckles1234]

Your ex and their lawyer cannot ask for anything that isn't asked for on their brief which will be submitted to you prior to the conference. My experience, is that you will do another 20 case conferences before getting anywhere so don't stress, you have a long way to go. Best bet is to try to settle.

[North of 40]

The above poster pretty much sized it up. The first time I went in, I was all nervous lots of questions to my lawyer (which he happily billed me for).

Bottom line, the judge will make 'recommendations' if you don't like what is being said......don't sign anything.

It's just one step of many before you figure out the system needs some kind of capping on fees to stop the time wasting.

[LovingFather32]

Case conferences are pretty much a joke, however I treated them kind of like motions for one reason. I wanted endorsements in my favour. The paper trail of endorsements will follow you throughout your case. Future judges rely on these endorsements for their own decisions. The briefs might get tossed ... but the endorsements do not, often containing pertinent info for the subsequent justices.

Have a look here for info on case conferences and more: How to Prepare for a Case Conference in the Superior Court of Justice | The Law Society of Upper Canada

The purpose of the case conference is to

- explore the possibilities for settlement of the matter
- identify the issues in dispute and those that can be agreed upon
- discuss ways to resolve the issues in dispute
- ensure disclosure of relevant evidence
- note admissions that may simplify the matter
- set the date for the next step
- have the parties agree to a timetable for the steps in the case before trial, if possible
- organize a settlement conference
- timetable and give directions with respect to any intended motions including when the materials are exchanged and order the filing of summaries of argument, if appropriate

The judge may, at the conference, if appropriate to do so,
make an order regarding procedural matters such as:

- document disclosure, questioning, timelines, or directions for the next step in the case, setting a date for a motion and for the filing of the materials for the motion
- order the evidence of a witness at trial be given by affidavit
- make a temporary or final order, if notice has been given
- make an unopposed order or an order on consent
- refer, on consent, the parties to alternate dispute resolution
- set a trial date or trial of an issue
- order costs

[freckles1234]

The above poster pretty much sized it up. The first time I went in, I was all nervous lots of questions to my lawyer (which he happily billed me for).

Bottom line, the judge will make 'recommendations' if you don't like what is being said......don't sign anything.

Exactly! I was so nervous, now I have my 5th case conference coming up next week because the ex can't stick to what she wants and keeps changing her mind, telling the judge she wants to settle then changing her mind and now its like just one more court appearance that will come and go with no action, no result, no anything. Just another hey I believe you are close to settling, lets give it some more time. When you have legal aid, you sure have no reason to stop the games!

[Beachnana]

Actually on the 2 case conference we had the judge made it quite clear what the likely outcome would be and our lawyer made an offer pretty close to what the judge had suggested and we settled out of court.

I think it depends on what you are wanting.

At the last case conference the judge pulled in the 2 lawyers and discussed the matter with them and instructed the lawyers to go back to their clients and discuss what he had said. He gave them 15 mins. Ex outright said no , Mom said ok I can live with that.

So we thought we were off to court, it then we sent an offer and ex accepted.

As LF32 said. It's really a heads up on,where the judges think things should be heading. Also a good way to get endorsements if you are heading to court.

[duMaurier]

How much in assets in $ are we talking about? I dont think my just sponsored ex is entitled to the stupid 50/50 split law as we were married for 4 years but lived together for only 30 days before she left or breakdown. I have about $35k in assets after debt paid. Which is probably not worth going to court over. But my curiosity on how much assets we are talking about when people go to trial.

If you saw my other thread she contributed and still not contributing to anything. As your ex, mine will also be entitled to Legal Aid as she is just immigrated but I wont be filing until year from now. But doesn't Legal Aid need to be paid back? and I thought Legal Aide is for people who really need it in emergency cases not helping a Sociopath, Gold-Digging spouse (wife) get more money.
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[rockscan]

My partner was scheduled for a dispute resolution conference. Thats the same as a case conference? The applicant has to file a cc brief. Ex is unrepresented at this time which I dont think bodes well for my partner since she needs a swift kick in the seat over what she thinks shes entitled to. Im hoping the person at this cc can fix the cs amounts so that gets settled right away and then determine the rest of her issues. How do these things work when one party believes they have a right to more than what is legal and they refuse to waiver?

[arabian]

I wonder if a "dispute resolution conference" is along the lines of what we have in Alberta called a JDR which is arbitration (of course "binding" is the only way to go or it's a total waste of time)? In Alberta, a JDR is conducted by a judge and if the two sides cannot come to agreement the judge makes a ruling which is final and binding. The only avenue of appeal is error in law.

So... you should find out if this is merely a case conference or a part of binding arbitration. I believe in Ontario binding arbitration is directed by a senior lawyer. If it is a case conference the judge's ability to order things is limited as the objective is to find a middle ground and avoid escalation to trial.

[rockscan]

First CC is this week. Ex's brief was 20 pages long and full of nonsense and lies. Lawyer told us the cc could be 15 minutes or several hours, it all depends on how willing the parties are to settle. Based on this garbage she will be unwilling. So tell me what happens in the cc with one party who ignores the law and agreements? How does the judge handle it? Is it a case of the judge reminds both parties of what is or isnt acceptable and asks if theres a compromise or is it simply a situation where an unreasonable party just says no and its over?

Reading over her brief made us (my partner, the lawyer and I) realize that mediation never would have worked even if she had followed the directions in their agreement and actually said what she wanted to change. Plus she put documentation in her brief that shows how unwilling she was to mediate parenting time several years ago.

[denbigh]

I wanted endorsements in my favour.

What are endorsements? Does this mean the recommendation the judge makes at the case conference?

[Tayken]

So tell me what happens in the cc with one party who ignores the law and agreements? How does the judge handle it?

20 page "brief"? Not brief at all.

The judge will simply order a motion on the topics that are in dispute and cannot be settled. They may move it to another conference at a later date but... a 20 page "brief" usually demonstrates there is no settlement possible.

[rockscan]

Shes pretty much requesting the moon in this sucker. My partners brief is three pages and has all calculations in it.

Im confused about the motion on topics of dispute. The initial motion is on cs and s7. Her brief is 20 pages of explanations why she should get more than the law sets out.

[rockscan]

Well that was a colossal waste of time. It was a DRC not a CC with someone who cant make orders.