Practice Direction Regarding Dispute Resolution Conferences in Family Proceedings Pursuant to Rule 17(9) in Brampton (Superseded)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 Peel Law Association has agreed to assist the Court in conducting Dispute Resolution Conferences (DRC) pursuant to rule 17(9) of the Family Law Rules, for 6 months commencing April 1, 2008.

The DRCs will attempt to resolve outstanding substantive and procedural issues. While in some cases the conference will be the “first step” in the litigation, DRCs may be held later in the proceedings, where the parties believe the intervention of a senior family law lawyer would facilitate settlements, or resolve some or all process issues.

The following criteria will apply for the 6 month period:

1. Commencing April 1, 2008, where both parties are represented by counsel and both parties consent, a DRC may be scheduled through the Trial Office.
2. Counsel may start booking the conferences on March 25, 2008.
3. The DRCs will be held on the first and third Tuesdays of every month.
4. 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.
5. f the case already has a scheduled case or settlement conference, a DRC is not available.
6. When a DRC is scheduled, the parties cannot schedule a case or settlement conference through the Trial Office until the completion of the DRC.
7. With the assistance of the Peel Law Association, a roster of experienced family law lawyers will be established by the Regional Senior Judge, to conduct the conferences. 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 counsel from the roster as Dispute Resolution Officers, pursuant to rule 17(9) of the Family Law Rules. All counsel conducting the DRCs will be required to attend a training session before conducting a DRC.
8. The dates will not be available for scheduling until the Peel Law Association has advised the Trial Coordinator that counsel on the roster as designated by the RSJ are assigned to the date.
9. 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 9 am, and the second scheduled at 10 am. The Trial Office will not schedule the 11 am conference until the 9 am and 10 am conferences are scheduled.
10. 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.
11. The conferences will be held in an interview room adjacent to a courtroom that will be posted.
12. The parties will be required to complete a Case Conference Brief and file updated financial statements, in the same manner as mandated for regular case conferences.
13. The parties will be required to confirm a DRC 48 hours in advance of the conference, using the regular confirmation form.
14. The Dispute Resolution Officer conducting the DRC shall:
    a. Attempt to identify and resolve the outstanding issues on a consent basis.
    b. Ensure that the parties are prepared to conduct a meaningful case conference with a judge on the issues that are not resolved.
    c. Not be permitted to make orders, on consent or otherwise. Where there is written consent amongst the parties at a DRC, the parties will be permitted to go directly to the regular motions court to have a judge sign a consent order, or if there is no judge available to sign the order or if the parties wish, the consent will be left at the Trial Office and it will be signed by 5:00 p.m. on the next court date.
    d. Not have the authority to award costs. However, the Dispute Resolution Officer 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 March 21, 2008.

Chief Justice Heather Smith

Regional Senior Judge Bruce Durno