Practice Direction Regarding Early Case Conferences in Family Proceedings in Brampton and Milton

Central West Region

Since the July, 2004 introduction of the new Family Law Rules, including case, settlement, and trial management conferences, the Superior Court has attempted to provide fulsome, meaningful first case conferences that attempt to identify all issues and, where possible, to resolve all issues in the case in a timely manner. The objective was to provide a case conference within 4 to 6 weeks. The timely provision of case conferences has required more extensive judicial resources and court time than was anticipated. The Court has been unable to provide case conferences in a timely manner because of inadequate judicial resources, population and caseload increases, and similar demands in all areas of law. While the Court has maintained the commitment to provide effective case conferences, the delays have been a continuing source of concern to litigants, the bar, and the judiciary.

The delay in obtaining “regular” conferences has led to an increase in the number of “urgent motions without notice” seeking to be added to overcrowded motions lists, and requests for “motions without case conferences” – often where there is no urgency, and counsel appear to be simply attempting to “jump the line” to get an early case conference, or to obtain leave to go directly to a motion. The provision of some “early” case conference times at 2:00 p.m. on regular motions days has assisted, but failed to provide adequate access to justice.

In recent times, the delay in obtaining a regular case conference in the Region has been up to 27 weeks. The unique challenge being faced in Brampton and Milton is intolerable and requires immediate remedial action.

In an attempt to address these issues, the Superior Court in Brampton and Milton will introduce a weekly early case conference day, effective immediately upon publication, with the results to be evaluated after six months.

The objectives of the project are:

a) To provide litigants with more timely case conferences to deal with issues upon which they wish to bring a motion and that should be addressed in a more timely manner than regular conferences are available. While a wait of several months may be unassailable for some issues, for others, such as financial production, interim support, access regimes, exclusive possession and mutual non-restraining orders, it is not.

b) To reduce the requests for urgent/emergency/no case conference matters, by providing timely access to an early “restricted” case conference. The early “restricted” conferences are not full case conferences intended to resolve all issues, nor should counsel expect to have the conference become a settlement conference for all issues.

The early case conferences will be time-limited, issue-limited, and document-length-limited, as outlined in the attached procedure.

Dated, October 31, 2007

Chief Justice Heather Smith

Regional Senior Judge Bruce Durno

Early Case Conferences

Effective immediately upon publication, the Superior Court of Justice will conduct Early Case Conferences according to the following criteria.

1. The new procedure will start on Monday January 7, 2008, and will be evaluated after 6 months. The Early Case Conferences can be scheduled starting December 17, 2007.
2. Litigants who are represented by counsel, and those who are self-represented, can participate in the conference.
3. The case conferences will be held on Mondays, and be listed as “Early Case Conferences” (ECC).
4. Fifteen Early Case Conferences will be scheduled for 10 a.m.
5. Both parties must certify they have fully discussed the issues to be litigated with the other side before their attendance at court for the ECC, or have attended court not later than 9 a.m. on the scheduled date to fully discuss the issues. If the parties have not discussed the issues fully in advance of 10 a.m., the conference will be held down until the issues have been discussed.
6. Litigants are required to attend the ECC.
7. Each Early Case Conference will be limited to a total of 15 minutes for all submissions, discussion and endorsements.
8. The litigants must file updated financial statements, Case Conference Briefs not to exceed 5 double spaced pages setting out their positions, and must not include lengthy schedules.
9. The parties are limited to factual assertions contained in the written material, and will not be permitted to add additional facts in submissions.
10. The presiding judge will determine, from reading in advance of the court appearance the material filed, if the issue(s) is(are) one(s) that require(s) a determination at that time.
11. At the outset of the conference, the presiding judge will advise the parties of his or her decision regarding whether the issues require a determination at that time. The parties should not anticipate being given court or conference time to persuade the presiding judge on this threshold issue.
12. The only issues addressed at the conference will be issues for which the litigants wish to bring a motion, and the presiding judge has decided will require a determination at that time. It is anticipated that issues such as financial production, interim support, access regimes, exclusive possession and mutual non-restraining orders could be addressed at the ECC.
13. Under no circumstances will the presiding judge:
    a. deal with any issues that do not require a determination at that time;
    b. agree to conduct further case or settlement conferences; or
    c. direct an expedited regular case conference.
14. Where a list “collapses” or ends before the end of the court day, the judge will not provide additional time to any case.
15. If the presiding judge is persuaded that “case supervision” is appropriate, the litigants may apply in writing to the Regional Senior Judge for the assignment of a judge.
16. Confirmation forms must be served and filed in accordance with the Rules.
17. Litigants who schedule ECCs will not be permitted to schedule a regular case/settlement/trial management conference until the ECC and any subsequent motion on the ECC issue(s) is(are) completed.
18. Litigants who have scheduled regular case conferences may schedule an ECC, but in order to do so, their previously scheduled case/settlement/trial management conference will be vacated.