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Difference between revisions of "Case Conferences in a Family Law Matter"
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Case Conferences in a Family Law Matter (view source)
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Lawyers also have an interest in settling matters, for all of the same reasons why settlement is important to the courts and to the parties. In addition, lawyers have a professional and an ethical duty to promote settlement wherever possible, providing that a proposed settlement is not an unreasonable compromise of our clients' interests. This is written into our [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act,-rules-code/code-of-professional-conduct-for-british-columbia/ Code of Professional Conduct]. | Lawyers also have an interest in settling matters, for all of the same reasons why settlement is important to the courts and to the parties. In addition, lawyers have a professional and an ethical duty to promote settlement wherever possible, providing that a proposed settlement is not an unreasonable compromise of our clients' interests. This is written into our [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act,-rules-code/code-of-professional-conduct-for-british-columbia/ Code of Professional Conduct]. | ||
The laws and rules of court for family law proceedings have evolved to provide additional opportunities for settlement and steer people away from trial and out of court. In fact, s. 4 of the provincial ''[[Family Law Act]]'' says that the purposes of the part of the | The laws and rules of court for family law proceedings have evolved to provide additional opportunities for settlement and steer people away from trial and out of court. In fact, s. 4 of the provincial ''[[Family Law Act]]'' says that the purposes of the part of the ''Act'' on dispute resolution are to: | ||
<blockquote><tt>(b) to encourage parties to a family law dispute to resolve the dispute through agreements and appropriate family dispute resolution before making an application to a court;</tt></blockquote> | <blockquote><tt>(b) to encourage parties to a family law dispute to resolve the dispute through agreements and appropriate family dispute resolution before making an application to a court;</tt></blockquote> | ||
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==Supreme Court: Judicial case conferences== | ==Supreme Court: Judicial case conferences== | ||
Judicial case conferences in the Supreme Court, usually referred to as JCCs, are relatively informal, off-the-record, private meetings between the parties, their lawyers and a master or judge in a courtroom. JCCs must be held in all contested family law court proceedings, and, in most cases, they must be held before any interim applications can be heard. (Exceptions to this rule are found at Rule 7-1(3) of the of the Supreme Court Family Rules) | Judicial case conferences in the Supreme Court, usually referred to as JCCs, are relatively informal, off-the-record, private meetings between the parties, their lawyers and a master or judge in a courtroom. JCCs must be held in all contested family law court proceedings, and, in most cases, they must be held before any interim applications can be heard. (Exceptions to this rule are found at Rule 7-1(3) of the of the Supreme Court Family Rules.) | ||
Financial statements must be exchanged by the parties before each JCC. They must also be filed in court in <span class="noglossary">advance</span> of the JCC to give the judge the chance to read through them first. More information about Financial Statements is provided later in this chapter in [[Discovery Process in a Family Matter]]. | Financial statements must be exchanged by the parties before each JCC. They must also be filed in court in <span class="noglossary">advance</span> of the JCC to give the judge the chance to read through them first. More information about Financial Statements is provided later in this chapter in the section [[Discovery Process in a Family Matter]]. | ||
Lists of Documents are also to be exchanged early on in the discovery process (see Rule 9-1(1) of the Supreme Court Family Rules) unless the parties otherwise agree or the court otherwise orders, and therefore also often exchanged before the JCC. (Lists of Documents are not filed in court, but simply exchanged informally between the parties). More information about Lists of Documents is provided later in this chapter in [[Discovery Process in a Family Matter]]. | Lists of Documents are also to be exchanged early on in the discovery process (see Rule 9-1(1) of the Supreme Court Family Rules) unless the parties otherwise agree or the court otherwise orders, and therefore also often exchanged before the JCC. (Lists of Documents are not filed in court, but simply exchanged informally between the parties). More information about Lists of Documents is provided later in this chapter in [[Discovery Process in a Family Matter]]. | ||
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To set a date for a JCC, first <span class="noglossary">contact</span> the court registry and get their available dates. (JCCs are given a lot of priority by the registry staff, and you should be able to book a hearing date within a month or two.) In most cases, you will want to give these dates to the other side and select a date that you are both available for. It's just common courtesy to select a date that's convenient for everyone, plus you will want the other side to be able to attend the conference. | To set a date for a JCC, first <span class="noglossary">contact</span> the court registry and get their available dates. (JCCs are given a lot of priority by the registry staff, and you should be able to book a hearing date within a month or two.) In most cases, you will want to give these dates to the other side and select a date that you are both available for. It's just common courtesy to select a date that's convenient for everyone, plus you will want the other side to be able to attend the conference. | ||
Once you have an agreeable date, call the registry back and tell them which date you've picked. They will then ask you to fill out and file a Notice of Judicial Case Conference in Form F19 setting that date. You will be charged a filing fee | Once you have an agreeable date, call the registry back and tell them which date you've picked. They will then ask you to fill out and file a Notice of Judicial Case Conference in Form F19 setting that date. You will be charged a filing fee (currently $80). You must then serve a copy of your filed Notice of Judicial Case Conference on the other side, along with a copy of your filed financial statement, by ordinary service. | ||
For a summary of how to schedule a JCC, see [[How Do I Schedule a Judicial Case Conference for Hearing?]] It's located in the ''How Do I?'' part of this resource, in the section | For a summary of how to schedule a JCC, see [[How Do I Schedule a Judicial Case Conference for Hearing?]] It's located in the ''How Do I?'' part of this resource, in the section Other Litigation Issues. | ||
===The purposes of judicial case conferences=== | ===The purposes of judicial case conferences=== | ||
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The basic purposes of a JCC are to review the claims each side is making, determine where there is agreement, and see whether there is anything other than a trial that will resolve the claims in dispute. JCCs are relatively informal affairs, and in some courthouses everyone sits at a large table with the judge or master who is hearing the JCC. JCCs are private. Only the parties and their lawyers are allowed to be there. They are also held on an off-the-record basis, so that nothing said in the JCC can be used against anyone later on (i.e.: in an application to the court or at trial). | The basic purposes of a JCC are to review the claims each side is making, determine where there is agreement, and see whether there is anything other than a trial that will resolve the claims in dispute. JCCs are relatively informal affairs, and in some courthouses everyone sits at a large table with the judge or master who is hearing the JCC. JCCs are private. Only the parties and their lawyers are allowed to be there. They are also held on an off-the-record basis, so that nothing said in the JCC can be used against anyone later on (i.e.: in an application to the court or at trial). | ||
Different judges and masters will handle JCCs in different ways. Some judges and masters are very hands-on; others take a more distant, judicial approach. Some are very keen to try to settle a dispute, and will work almost like a mediator; others are content to leave areas of disagreement alone and focus on getting a resolution in place on the areas of agreement instead. Some judges and masters will provide an informal opinion about the likely result in a | Different judges and masters will handle JCCs in different ways. Some judges and masters are very hands-on; others take a more distant, judicial approach. Some are very keen to try to settle a dispute, and will work almost like a mediator; others are content to leave areas of disagreement alone and focus on getting a resolution in place on the areas of agreement instead. Some judges and masters will provide an informal opinion about the likely result in a particular case; others won't. There are no guarantees that a JCC will be run in a particular way. | ||
However, JCCs are very useful in almost all cases. Some cases will even settle at a JCC, with no need for further litigation. The court's powers at JCCs are set out at [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/part-2/bc-reg-169-2009-part-2.html Rule 7-1(15)] and are very broad. The court may: | However, JCCs are very useful in almost all cases. Some cases will even settle at a JCC, with no need for further litigation. The court's powers at JCCs are set out at [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/part-2/bc-reg-169-2009-part-2.html Rule 7-1(15)] and are very broad. The court may: | ||
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JCCs also work best when both (or in some cases all) parties come prepared. This means having a realistic view of the strengths and weaknesses of the evidence that you have to prove your case and the strengths and weaknesses of the legal arguments you are trying to advance. It is also helpful to have a sense of the likely cost of taking the matter to trial if you can’t settle it at the judicial case conference (or sometime thereafter). As noted before, Financial Statements and often Lists of Documents are exchanged prior to the judicial case conference as the exchange of information is a necessary step before a settlement can be reached. | JCCs also work best when both (or in some cases all) parties come prepared. This means having a realistic view of the strengths and weaknesses of the evidence that you have to prove your case and the strengths and weaknesses of the legal arguments you are trying to advance. It is also helpful to have a sense of the likely cost of taking the matter to trial if you can’t settle it at the judicial case conference (or sometime thereafter). As noted before, Financial Statements and often Lists of Documents are exchanged prior to the judicial case conference as the exchange of information is a necessary step before a settlement can be reached. | ||
It is important to remember that while the judge or master may (and should!) push the parties to agree about certain things, | It is important to remember that while the judge or master may (and should!) push the parties to agree about certain things, the parties don't have to agree. The judge or master cannot make any orders, except for procedural orders, that the parties don't agree with. If you're not happy with a potential order that's being discussed, you must say so! | ||
===Potential outcomes=== | ===Potential outcomes=== | ||
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It is common practice for parties to exchange settlement conference briefs prior to a settlement conference, and parties may be directed to do so. There is no specific form of settlement conference brief, but the following information should be included (or at least considered for inclusion): | It is common practice for parties to exchange settlement conference briefs prior to a settlement conference, and parties may be directed to do so. There is no specific form of settlement conference brief, but the following information should be included (or at least considered for inclusion): | ||
# Key facts & dates: date of cohabitation, marriage, separation &/or divorce, birthdates of parties and children, and other significant dates (may include house sales/purchases and/or moves, changes in employment or education, significant financial transactions such as inheritances, loans, purchases) | # Key facts & dates: date of cohabitation, marriage, separation &/or divorce, birthdates of parties and children, and other significant dates (may include house sales/purchases and/or moves, changes in employment or education, significant financial transactions such as inheritances, loans, purchases) | ||
# List of issues to be resolved and a description of your | # List of issues to be resolved and a description of your position about each one; and | ||
# List of key documents and other evidence to be relied upon, for example expert reports such as a section 211 parenting assessment or a marriage agreement or loan document that is at the heart of the dispute; you may want to attach a copy of any such document to the settlement conference brief; do bring an extra copy to the settlement conference in case the judge or the other party doesn’t have theirs. | # List of key documents and other evidence to be relied upon, for example expert reports such as a section 211 parenting assessment or a marriage agreement or loan document that is at the heart of the dispute; you may want to attach a copy of any such document to the settlement conference brief; do bring an extra copy to the settlement conference in case the judge or the other party doesn’t have theirs. | ||
# Key case law to be relied on (more likely where the parties have lawyers). | # Key case law to be relied on (more likely where the parties have lawyers). | ||
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== Supreme Court: Trial management conferences == | == Supreme Court: Trial management conferences == | ||
Parties heading to trial are required to schedule and attend a trial management conference (unless the party has a lawyer in which case the party does not have to attend as long as | Parties heading to trial are required to schedule and attend a trial management conference (unless the party has a lawyer in which case the party does not have to attend as long as they are available by telephone to speak with their lawyer if instructions are needed during the TMC). The trial management conference is a meeting with a judge or a master to discuss how the trial will proceed and what, if any, additional steps must be taken to ready the parties for trial. | ||
More information about trial management conferences can be found later in this section: Preparing for and Going to Trial in Supreme Court: [[Preparing for and Going to Trial in Supreme Court#Schedule and attend a trial management conference|Schedule and attend a trial management conference]]. | More information about trial management conferences can be found later in this section: Preparing for and Going to Trial in Supreme Court: [[Preparing for and Going to Trial in Supreme Court#Schedule and attend a trial management conference|Schedule and attend a trial management conference]]. | ||
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The judicial case manager will fix the date for the FCC on the spot and give you a slip with the date and time on it. | The judicial case manager will fix the date for the FCC on the spot and give you a slip with the date and time on it. | ||
For a summary of how to schedule a case conference, see [[How Do I Schedule a Family Case Conference for Hearing?]] It's located in the ''How Do I?'' part of this resource, in the section | For a summary of how to schedule a case conference, see [[How Do I Schedule a Family Case Conference for Hearing?]] It's located in the ''How Do I?'' part of this resource, in the section Other Litigation Issues. | ||
===The purposes of family case conferences=== | ===The purposes of family case conferences=== | ||
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== Provincial Court: Trial preparation conferences == | == Provincial Court: Trial preparation conferences == | ||
Parties heading to trial are usually required to attend a trial preparation conference, except if a party has a lawyer in which case the party does not have to attend as long as | Parties heading to trial are usually required to attend a trial preparation conference, except if a party has a lawyer in which case the party does not have to attend as long as they are available by telephone to speak with their lawyer if instructions are needed during the TPC) . The trial preparation conference is a short court hearing with a judge discuss how the trial will proceed and what, if any, additional steps must be taken to ready the parties for trial. | ||
More information about trial preparation conferences can be found later in this | More information about trial preparation conferences can be found later in this chapter: Preparing for and Going to Trial in Provincial Court: [[Preparing for and Going to Trial in Provincial Court#Preparing for trial in Provincial Court|Preparing for trial in Provincial Court]]. | ||
==Resources and links== | ==Resources and links== | ||
