Practice Direction Regarding Dispute Resolution Conferences in Milton (Superseded)

Central West Region

Since the July, 2004 enactment of the Family Law Rules, the Superior Court of Justice has attempted to provide case/settlement/trial management conferences in a timely manner, without success. The increases in population, caseload, workload per case, insufficient judicial complement and demands in all areas of law, have made it impossible to schedule the conferences within 4 to 6 weeks. In some cases when the scheduled conference date arrives, the parties and/or counsel have not completed the pre-conference preparation and discussions that are essential to a productive conference being held. In some instances, counsel have not discussed the issues before the conference.

In order to attempt to address these issues, the Halton Law Association has agreed to assist the Court by conducting Dispute Resolution Conferences (DRC) for 6 months, commencing December 1, 2007. The following criteria will apply for the 6 month period:

1. Commencing on November 19, 2007, where at least one party is represented by counsel and both parties consent, they may schedule a DRC.
2. Both parties will be required to consent in writing to attend a DRC, either at the time the DRC is scheduled, or on the confirmation slip.
3. If the case already has a scheduled case or settlement conference, a DRC is not available.
4. When a DRC is scheduled, the parties cannot schedule a case or settlement conference through the Trial Office until the completion of the DRC.
5. The conferences will be scheduled two days per month.
6. The Halton Law Association will select experienced family law counsel to preside at the DRC. The counsel will have at least 10 years at the bar, and devote at least 75% of their practice to family law. The Regional Senior Judge will designate the counsel as Dispute Resolution Officers, pursuant to rule 17(9) of the Family Law Rules.
7. The dates will not be scheduled until the Halton Law Association has advised the Trial Coordinator that counsel has been assigned. All counsel conducting the DRCs will be required to attend a training session before conducting a DRC.
8. The conferences will be scheduled at one hour intervals. To avoid counsel conducting the conferences having to wait between conferences, the Trial Office will schedule them consecutively on each date. For example, the first conference on a given date will be at 10 am, and the second scheduled at 11 am. The Trial Office will not schedule the noon appointment until the 10 am and 11 am conferences are scheduled.
9. The counsel conducting the DRC will preside at the 9, 10, 11 am and 12 pm conferences. A second counsel will preside at the 1, 2, 3 and 4 pm conferences.
10. The conferences will be held in the jury deliberation room for courtroom #10, or in the small motions room on the third floor if the jury deliberation room is being used.
11. The parties will be required to complete a Case Conference Brief, in the same manner as mandated for regular case conferences.
12. The parties will be required to confirm a DRC 48 hours in advance of the conference, using the regular confirmation sheet.
13. The Trial Office will provide the dates upon which the DRC will be held.
14. The counsel conducting the DRC shall:
    a. Attempt to resolve the outstanding issues with consent orders.
    b. Ensure that the parties are prepared to conduct a meaningful case conference with a judge on the issues that are not resolved.
    c. While the Dispute Resolution Officers will not be permitted to make orders, on consent or otherwise, where there is a written consent order at a DRC, the parties will be permitted to go directly to the regular motions court to have a judge sign the order. If there is no judge available to sign the order, it will be signed by a judge the next regularly scheduled court day.
    d. The Dispute Resolution Officers will not have the authority to award costs. However, counsel will be required to complete a form which will be part of the court file, indicating the issues resolved, outstanding issues, whether any of the outstanding issues require an expedited case conference, and whether the conduct of either party has frustrated the objectives of the conferences. A judge presiding at a subsequent conference or motion may rely on the notations, after hearing submissions on the issue, in determining if costs are appropriate.
15. Where a DRC has been held and issues remain outstanding, the parties may be provided with a case conference with a judge on a date earlier than cases in which there has been no DRC.

Dated, October 31, 2007.

Chief Justice Heather Smith

Regional Senior Judge Bruce Durno