Dispute Resolution Officer Program Pilot Project in the Superior Court of Justice in Brampton, Milton, Newmarket, Barrie and Durham (superseded)

Amended Practice Direction

The Superior Court of Justice in Brampton, Milton, Newmarket, Barrie and Durham will continue the Dispute Resolution Officer Program, for a further period ending January 1, 2013, during which time the program will be reviewed and evaluated. The DROs are authorized to hear first case conferences for motions to change pursuant to Rule 17(9) of the Family Law Rules.

Application of the Practice Direction

  1. Commencing January 1, 2012, for all motions to change filed pursuant to Rule 15 of the Family Law Rules in the Superior Court of Justice in Brampton, Milton, Newmarket, Barrie and Durham, the first case conference shall be heard before a DRO.

Schedule for Case Conferences with DROs

  1. In Brampton, DRO case conferences will be held every Tuesday and Thursday afternoon commencing at 1:30pm, with no more than 5 total conferences scheduled per half day.
  2. In Milton, DRO case conferences will be held every Friday morning commencing at 9:00am, with no more than 5 total conferences scheduled per half day.
  3. In Newmarket, DRO case conferences will be held every Monday morning commencing at 9:00am, every Monday afternoon commencing at 12:30 p.m. and every Friday morning commencing at 9:00 a.m. with no more than 4 total conferences scheduled per half day.
  4. In Barrie, DRO case conferences will be held every Wednesday from 9:30am to 4:30pm and every Friday from 9:30am to 4:30pm, with no more than 6 total conferences scheduled each day on a tiered schedule.
  5. In Durham, DRO case conferences will be held every Tuesday and Friday morning from 9:30am to 12:30pm and every Wednesday and Thursday afternoon from 2:00pm to 5:00pm, with no more than 5 total conferences scheduled per half day.
  6. After a DRO case conference is scheduled, parties cannot schedule a case conference or settlement conference with a judge through the Trial Office until the completion of the conference with the DRO.

Rule 17 of the Family Law Rules & DRO Case Conferences

  1. Rule 17 of the Family Law Rules applies to DRO case conferences, with respect to the documents that must be filed in advance of the case conference, including Form 14C Confirmation Form, which must be filed not later than 2:00pm, two business days prior to the date scheduled for the DRO case conference.

Role of the Dispute Resolution Officer

  1. A DRO is not permitted to:
  1. write consents for parties,
  2. make orders, on consent or otherwise, and
  3. award costs.
  1. A DRO is permitted to:
  1. hear all first case conferences for motions to change and other conferences specifically referred to a DRO by a Superior Court Justice,
  2. attempt to identify and resolve the outstanding issues on a consent basis,
  3. assist parties in organizing their issues and disclosure documents,
  4. assist parties in obtaining a signed consent order from a judge, where the parties have consented in writing at the DRO case conference, and
  5. complete a “Screening Report” which will be included as part of the court file, indicating the issues resolved, outstanding issues, and whether the conduct of either party has frustrated the objectives of the DRO case conference; a judge presiding at a subsequent conference or motion may rely on the notations in the Screening Report, after hearing submissions on the issues, in determining if costs are appropriate.

Next Step After Dispute Resolution Conference

  1. In Brampton,Milton, Newmarket and Durham, upon completion of a DRO case conference, parties are permitted to schedule a case conference, settlement conference, or a motion in front of a judge as the next step.
  2. In Barrie, upon completion of a DRO conference, the DRO will have the discretion to schedule a conference before a judge as the next step, which parties will be required to attend.

Dated, December 7, 2011.

Chief Justice
Heather Smith

Regional Senior Judge, Central East
Michael Brown

Regional Senior Judge, Central West
Francine Van Melle
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