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  • Any tips for Virtual Case Conference?

    I have a Case Conference in January. The only issue is Child Support.

    All of what I have read explains proceedings via in-person in the courtroom with judge. But I can only imagine the entire feel of the CC will be much different due to being on Zoom as mine will be.

    - Can anyone tell me how long these CC are? Like in terms of hours?
    - Is it a constant back and forth to hash out issues? Or is it more structured by the judge?
    - as the judge is only going to be looking at the case conference brief, how exactly would I be able to use exhibits? This part confusses me as to where and how to file these.

    If anyone has been through this, any tips and advise would be really helpful please.

  • #2
    Any tips for Virtual Case Conference?

    A friend of mine had one in August. The judge asked him to explain the motion and his case since their last conference. Then asked a couple of questions of the other side (mainly what was childs’ status and did they have additional expenses). The only thing that was bad was the judge seemed to be in a hurry and not open to any additional comments or arguments and the other side pushed for something they weren’t entitled to. There was no firm hand so to speak in the pushing towards settlement.

    My best advice would be to make a few bullet points on what you want to say/make note of; make a list of what you want to come out of the conference (direction, temporary orders, disclosure etc.) and go from there. It will all depend on the judge’s mood, what happens with the other side and what is said. Be as firm as you would be in court but still respectful.


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    • #3
      I feel as if this will get rushed as you mentioned. And worse due to being virtual. I assumed a CC was a chance to hash issues out so to focus on hopefully coming to a somewhat closer meeting point on the bigger issue. I can't imagine all will get resolved in an hour.

      I will definetly have my key points ready. I just really wish I had an idea of how long (how many hours) we have to sort through it all.....and there is a lot.

      Have you had any experience with an in-person CC and how long they last? thanks

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      • #4
        My husband had a DRC and it was ridiculous as the DRO kept telling the ex she had to provide disclosure and wasn’t entitled to what she was demanding. They then had a motion which took four hours (over six hours due to interruptions and lunch) and she lost. The settled before their SC.

        The friend I mentioned had an in person CC, both self repped and it took about two hours with the judge giving the ex what for.

        I think (and this is simply my opinion based on comments here and info from my husbands lawyer) that if you stick to the facts and don’t get stuck in the weeds you have a good chance. You want to make it clear what your position is and what the sticking points are. Don’t argue for something you aren’t entitled to.


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        • #5
          I'm guessing your cc will be 20-40 minutes. It's informal and quick.

          Your case gets resolved at motions and/or trial, which is where you'll use your exhibits, so don't try to argue your case at the conference. If there's anything you agree on, make it into an order. If there's anything pressing, address it. Request an order for whatever disclosure you need, etc. Then book your next step SC date. Once your cc is complete, you may bring a motion if needed but not if you reschedule your cc again.

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          • #6
            All a bit confusing knowing the difference between motions and case conference. I thought CC would be an opportunity to come closer to resolving issues but it will be impossible in 40 minutes. Yikes.

            I hope with how well I can get organized and efficient with my sticking point, that at least we can get a lot closer to some sort of resolve. I would just hate to be rushed.

            Thanks for both you advice.

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            • #7
              You're only dealing with updating child support. This will happen at trial with large costs and fees.
              To get there, you'll go through a cc, sc and tmc. These are all opportunities to settle, or get whatever is needed to be ready for trial. Motions come in between when temp orders are needed before trial.

              Don't expect much from the cc, but hope for a sc date asap.

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              • #8
                Did he provide his taxes in his response?


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                • #9
                  Yes Rockscan he did provide his financials finally with his tax returns.

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                  • #10
                    Then when you attend your cc you can advise the judge you received the info and outline what he owes you and what the updated cs is. The judge can then direct their comments to the ex and address his bs.

                    Think of the cc as a chance for a referee to make the call on the play so to speak. Depending on what the judge says, you send an updated offer to settle and go from there.


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                    • #11
                      Originally posted by rockscan View Post
                      The only thing that was bad was the judge seemed to be in a hurry and not open to any additional comments or arguments...
                      Not sure if anyone mentioned this but consider the medium. It is uncontrolled. Anyone can record the whole "virtual conference" happening on their computer/device. The purpose of a Case, Settlement, etc... conference is for it to be about settlement. Judges are now faced with a medium where everything they say can do can be recorded and reused, redistributed, etc... They really need to mind their Ps-and-Qs or they may become the next YouTube sensation.

                      Same goes for lawyers. When you are in a virtual setting you never know who has "record" turned on. Fire that recording through some modern text-to-speech software and wham you have a pretty good transcript of something you are not supposed to have one for...

                      Want your friends to know exactly what the judge said to the other party in the matter to prove you are right? Play your recording... There are so many devious things that can happen.

                      I am not surprised that judges are possibly being mindful of what they are saying. Everything is now "on the record" in a virtual world.

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                      • #12
                        Originally posted by rockscan View Post
                        Then when you attend your cc you can advise the judge you received the info and outline what he owes you and what the updated cs is. The judge can then direct their comments to the ex and address his bs.
                        Actually, if the financial documentation is up-to-date and the requesting party is fine with the evidence provided a judge CAN order child support at a conference. Happens all the time. But, the opposing party needs to accept the Form 13 that was submitted as "fact" for this to happen.

                        Good lawyers will end a case conference quick and fast for Child Support if the documentation is good enough and they have prep'd their client on the strategy.

                        "My client accepts the other party's Form 13 as fact and would like child support ordered in accordance with the child support tables." Bam done.

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                        • #13
                          Originally posted by Tayken View Post
                          Not sure if anyone mentioned this but consider the medium. It is uncontrolled. Anyone can record the whole "virtual conference" happening on their computer/device. The purpose of a Case, Settlement, etc... conference is for it to be about settlement. Judges are now faced with a medium where everything they say can do can be recorded and reused, redistributed, etc... They really need to mind their Ps-and-Qs or they may become the next YouTube sensation.

                          Same goes for lawyers. When you are in a virtual setting you never know who has "record" turned on. Fire that recording through some modern text-to-speech software and wham you have a pretty good transcript of something you are not supposed to have one for...

                          Want your friends to know exactly what the judge said to the other party in the matter to prove you are right? Play your recording... There are so many devious things that can happen.

                          I am not surprised that judges are possibly being mindful of what they are saying. Everything is now "on the record" in a virtual world.

                          I understand that but the problem in that sc was that a) the judge allowed the respondent to introduce a request for additional questioning for things that were irrelevant and b) the judge refused to hear a request for updated school information. Which means that the respondent believed they could delay and get information they were not entitled to and not share current status of the kid. Now they are headed into a trial management conference where kid is no longer entitled to support and respondent is still arguing to double dip on expenses.


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                          • #14
                            Just a quick question off this... regarding the Financial Statement and Budget filed as part of the Answer.

                            If someone accepts this, is the total amount shown on the budget then grossed up? As this budget is based on NET income? What if the budget did not take into account the taxable benefits that they should have based on the Income tax act? Are those other benefits able to be added back? Especially for an individual who is sole shareholder of a corporation....

                            Trying to weigh options as I have my first case meeting at the end of January... and wish this settled fast.

                            Any input would be greatly appreciated!

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                            • #15
                              Originally posted by JCOakville View Post
                              Just a quick question off this... regarding the Financial Statement and Budget filed as part of the Answer.

                              If someone accepts this, is the total amount shown on the budget then grossed up? As this budget is based on NET income? What if the budget did not take into account the taxable benefits that they should have based on the Income tax act? Are those other benefits able to be added back? Especially for an individual who is sole shareholder of a corporation....

                              Trying to weigh options as I have my first case meeting at the end of January... and wish this settled fast.

                              Any input would be greatly appreciated!

                              The financial statement/budget is aimed at demonstrating your ability to pay support and/or arrears. The true amount of support is based on your income. If you are a shareholder in a company or sole owner of a company that claims expenses, they will do some looking at the income and expenses claimed. Your ex may have an accountant look at your finances as well to be sure.

                              If you want this settled fast I recommend you take a look at your income and make a reasonable offer for support based on either a median income or higher amount and be done with it. By arguing over ways to avoid paying support on an income that is difficult to determine, you end up raising your legal costs and extending the issue.


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