Are conference briefs

[noteasy]

Can case conference briefs be used during a trial or motion?
I want to get some of that material in as the ex is treating g it as a free for all to say whatever outrageous thing they feel like. For example saying I went on an extended vacation to Mexico and with held the kids. Crazy stuff because they want to upset me or get a judges attention or they are crazy.
Do those documents ever co
e into pay when assessing costs or in motions or trial?

[blinkandimgone]

https://www.ontario.ca/laws/regulation/990114

" 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)."




Simply ignore any outlandish claims, or respond with "the applicant/respondent (whichever you are) denies this claim." That's all that is required, if the court would like you to elaborate on anything, they will ask.

Costs are addressed in Rule 25 of the above link.

[noteasy]

thank-you. The cost thing is very helpful. I did some Canlii.
I read that mostly Case Conference Briefs are used for determining costs so using outlandish claims count against a party at cost hearings.
I was unable to find anything good about getting those contents admitted except that when they were included they created a mess via risk of overturn.

So it is possible to screw up a case conference brief by not using it for what it is meant to do which is move towards settlement.

Is that a correct understanding I have?

[rockscan]

thank-you. The cost thing is very helpful. I did some Canlii.
I read that mostly Case Conference Briefs are used for determining costs so using outlandish claims count against a party at cost hearings.
I was unable to find anything good about getting those contents admitted except that when they were included they created a mess via risk of overturn.

So it is possible to screw up a case conference brief by not using it for what it is meant to do which is move towards settlement.

Is that a correct understanding I have?

It's not outlandish claims, it's unreasonable behaviour. The judge looks at who was the more successful party and how unreasonable the other party is. For instance, if one party “won” on the balance and the other party pushed for trial despite reasonable offers being put forward to avoid trial, cost amounts will be impacted by that. It is also important to note that costs are not always ordered. It is entirely up to the judge and the arguments put forward.

A case conference brief puts forward your argument with the evidence to prove you statements. If the other party makes outlandish statements it is irrelevant. If they have no evidence to back it up, the judge ignores it. You shouldn't waste your time on defending yourself against untrue statements. Especially when they have no bearing on the case. Your response is simply “I disagree with the Applicant's statement in items 2, 6, 10, 11 and 12.”

There are plenty of threads in this forum on briefs, conferences, irrelevant statements, costs and what not to do. If you do a search it will show this.