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Case Conference - Motion to Change

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  • Case Conference - Motion to Change

    Do I need to schedule a case conference before filing a motion.

    Motion paperwork has a check mark stating the following

    "A notice of a case conference is served with this notice to change an order"

    I have had a case conference in the past and we have a court file number so I'm not sure if it's required.

    Thanks

  • #2
    Originally posted by FB_ View Post
    Do I need to schedule a case conference before filing a motion.

    Motion paperwork has a check mark stating the following

    "A notice of a case conference is served with this notice to change an order"

    I have had a case conference in the past and we have a court file number so I'm not sure if it's required.

    Thanks
    Yes. You need to attend a Case Conference before bringing a motion. Unless the matter is urgent.

    See Rule 14.(4) NO MOTION BEFORE CASE CONFERENCE ON SUBSTANTIVE ISSUES COMPLETED (Family Law Rules)

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

    It depends on if your case is still "open". You should ask the clerk if the matter is still open and if you can bring a motion still. Generally though if you are bringing a new matter on motion they will want a case conference. Especially if the file has been dormant for a while.

    No reason you should not go to a case conference first though. Any opportunity to go before a judge to settle a matter is a good thing generally.

    Good Luck!
    Tayken

    Comment


    • #3
      Originally posted by Tayken View Post
      Yes. You need to attend a Case Conference before bringing a motion. Unless the matter is urgent.

      See Rule 14.(4) NO MOTION BEFORE CASE CONFERENCE ON SUBSTANTIVE ISSUES COMPLETED (Family Law Rules)

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

      It depends on if your case is still "open". You should ask the clerk if the matter is still open and if you can bring a motion still. Generally though if you are bringing a new matter on motion they will want a case conference. Especially if the file has been dormant for a while.

      No reason you should not go to a case conference first though. Any opportunity to go before a judge to settle a matter is a good thing generally.

      Good Luck!
      Tayken
      Thanks... Problem is Case Conferences are scheduling for Oct and I could have a short motion in weeks.

      I'll have to inquire if it's still open.

      Last activity on the file would have been May 2013...

      Hypothetically speaking what would happen if I filed all the paperwork under the assumption the previous case conference was enough... Do they review the paperwork before I submit it.

      Thanks.

      I have asked my lawyer what he would charge me to review my paperwork and if the case conference would be required. I'll let you know if and when he responds.

      Comment

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