Conferences and Provincial Court Family Law Proceedings

Case conferences are meetings between the parties to a court proceeding, their lawyers (if they have them), and a judge, usually for purposes relating to the management or settlement of the court proceeding.

This section discusses 'Family Management Conferences, Family Settlement Conferences, and Trial Preparation Conferences, which are the most common kinds of conferences held in the Provincial Court. It also talks about trial management, and provides tips about how you can get the most out of your time and the judge's time at case conferences.

Introduction

Case conferences are held to either move a court proceeding toward trial or to explore options for settlement. In Provincial Court, most case conferences are held virtually on Microsoft Teams. Although case conferences are a little less formal than hearings and trials, they still need to be taken seriously and the judge needs to be treated with the same respect.

The majority of court proceedings in the Provincial Court, once the Application about a Family Law Matter and the Reply to the Application about a Family Law Matter are filed, will have a Family Management Conference before any other court appearance.

The focus at a Family Management is on settling any of the legal issues that can be agreed to, getting short-term arrangements for the support and parenting of children set up, and planning the next few steps in the proceeding. Almost always, a Family Management Conference is mandatory, meaning that you cannot move forward in the court proceeding without going to one.

Family Settlement Conferences are optional and are not very common. The focus here is on seeing if parties can settle before going to trial. These conferences are held with a judge who will give some ideas about possible settlements and this judge will not be the judge at any future trial unless no other judge is available.

Trial Preparation Conferences in the Provincial Court are all about getting the court proceeding ready for trial. They are held towards the end of a proceeding and are focused on making sure that all of the parties are ready to go. Trial Preparation Conferences are not mandatory in Provincial Court, but any party can request one and judges prefer to have Trial Preparation Conferences where at least one party is self-represented.

Conferences in the Provincial Court

The three types of case conferences held in the Provincial Court are Family Management Conferences, Family Settlement Conferences, and Trial Preparation Conferences.

The information in this section does not apply to family law cases in the Victoria or Surrey registries of the Provincial Court. Those cases are managed under the Early Resolution Model, which is governed by special rules. For more information about the Early Resolution Model, read the resources published by the BC Government.

Family Management Conferences

A Family Management Conference is an informal process where a judge or family justice manager tries to help the parties narrow down the issues they disagree about, and if possible resolve them. Case management orders, directions, and interim orders can also be made at a Family Management Conference, including about parenting arrangements and child and/or spousal support. Even final orders can be made if the parties consent. The Provincial Court includes information about these conferences, and how they're scheduled, when a scheduling notice is sent out after the Reply to the Application About a Family Law Matter is filed.

Usually, once a Reply is filed, the court registry will let both parties know how to schedule the Family Management Conference. In some court registries, the registry will schedule the Family Management Conference for you and let you both know when it is. If that date doesn’t work for you, you will have to ask for another date.

If you filed an Application About a Family Law Matter and the other party didn’t file a Reply within 30 days of being personally served with your Application, you can request that a Family Management Conference be scheduled without notifying the other party. You can reach out to the court registry and they will assist you in scheduling this.

For what to expect at a Family Management Conference, see the Provincial Court of BC's own article on the topic, which includes definitions, steps for preparing yourself, what will happen at the conference, what happens if you need a trial, getting a copy of an order, and links to more details.

Additional information about Family Management Conferences is available from Legal Aid BC's Family Law website:

• Family Management Conferences in Provincial Court contains information about general procedure, the orders a judge can make, what you need to do, have, and prepare for, and other tips.
• The Family Justice registries page contains specifics on Family Management Conferences in Kelowna, Nanaimo, and Vancouver, especially on what needs to happen before you can get a Family Management Conference appointment (e.g. getting a needs assessment with a family justice counsellor; and taking a parenting course).
• The Preparing a script for a Family Management Conference page recommends preparing a short (5 minute) script on what to say and ask for in terms of orders. The page includes links to resources to help you prepare a script.

Family Settlement Conferences

During a family management conference the judge may order the parties to attend a family settlement conference. This is at done at the judge's discretion if they think the parties could resolve their issues without the need for a trial. The Provincial Court of BC has a helpful article about family settlement conferences, and the Legal Aid BC's Family Law website also has more information about [what to expect, what to prepare, and what can come out of these conferences.

Trial preparation conferences

Under the Provincial Court Family Rules, a judge who sets a court proceeding for trial may also set a date for a trial preparation conference. The parties to the court proceeding are usually required to attend this conference, unless a party has a lawyer and they're available to speak with their lawyer by telephone if the lawyer needs to get instructions during the conference.

Trial preparation conferences are short hearings before a judge in court to discuss how the trial will proceed and what, if any, additional steps must be taken to get the court proceeding ready for trial, such as exchanging documents and information, organizing experts' reports, or requiring that a views of the child report be prepared.

More information about trial preparation conferences can be found later in this chapter, in the section Trials in the Provincial Court.

Conferences in the Supreme Court

The three types of case conference held in the Supreme Court are judicial case conferences, settlement conferences, and trial management conferences.

Judicial case conferences

Judicial case conferences, 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, held under Rule 7-1 of the Supreme Court Family Rules. JCCs must be held in all contested family law court proceedings — cases where a Response to Family Claim has been filed — and, in most cases, they must be held before any interim applications can be heard. In fact, Rule 7-1(2) says that "a party to the family law case must not serve on another party a notice of application or an affidavit in support" in support of an application until a JCC has been heard.

Under Rule 7-1(10) and (11), the parties must exchange Financial Statements in Form F8 before the JCC. (The Financial Statements must also be filed in court, in advance 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 Discovery and Disclosure section.

In general, the more information that is exchanged before the JCC the better. People who are well informed about the facts of their case and who have had the opportunity to get legal advice in advance of the JCC are much more likely to reach a settlement at their JCC, and save the time, expense, stress, and uncertainty of continuing the court proceeding.

The purposes of judicial case conferences

The basic purposes of JCCs are to review the claims each side is making, determine where there is agreement, and see whether there is anything short of trial that will resolve the claims in dispute. JCCs are relatively informal meetings, 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 a confidential, off-the-record basis, so that nothing said in the JCC can be used against anyone later on, like at an application or at trial.

Different judges and masters handle JCCs in different ways. Some judges and masters are very hands-on; others take a more distant, reserved 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 issues that can be settled instead. Some judges and masters will provide an informal opinion about the likely result of a particular court proceeding; others won't. There are no guarantees that a JCC will be run in any particular way at all.

However, although JCCs can be a bit unpredictable, they are very useful in almost all cases. Some cases even settle at JCCs, with no need for further litigation! Even when a court proceeding doesn't completely settle at a JCC, JCCs offer a lot of other benefits. The first JCC is a great opportunity for each lawyer to meet the other party, and for the parties to meet each other's lawyers. They help to clarify each person's position and clear up any misunderstandings. They're also very useful for resolving small problems, like about paying a bill or making an upcoming decision about a child, that are too small or unimportant to deal with through an application.

At the JCC, the judge or master will explain why it's usually best to settle family law disputes rather than taking them all the way to trial, for reasons including the amount of money you'll spend getting to trial, the length of time it'll take to get to trial, and the impact of the conflict on the children during the time it takes to get to trial. Each side will have the opportunity to tell their story and explain what they're asking for an why they're asking for it. Most of the time, the lawyers for each party will summarize their understanding of the facts and briefly explain why their clients should have what they're looking for, and the clients will be asked if they have anything to add. JCCs often work best when the parties are able to freely express themselves. Sometimes it's best if the lawyers keep a sock in it.

Because cases often settle at JCCs, it is critical that you get proper legal advice about your situation and options if you don't have a lawyer, and, if you do have a lawyer, that you should speak to them about the range of potential results, areas where you might want to compromise your position, options for settlement, and the likely cost of resolving the court proceeding through trial. You want to do everything you can to maximize the chances of settlement, including making sure you've exchanged Financial Statements as far ahead of the JCC as possible.

It's important to remember that while the judge or master may — and should! — push the parties to agree about certain things, you don't have to agree. The judge or master cannot make any orders, except for procedural orders, that any party doesn't agree with. If you're not happy with a potential order, you have to say so!

Potential outcomes

Some or all of the legal issues in a court proceeding may settle at a JCC. Where there are areas of agreement, the judge or master will make an order on those issues with the consent of the parties, called a consent order. Issues that can't be agreed to will be left for further negotiation and, probably, further litigation.

The court's powers at JCCs are set out at Rule 7-1 and are very broad:

(15) The court may do one or more of the following at a judicial case conference:

(a) identify the issues that are in dispute and those that are not in dispute and explore ways in which the issues in dispute may be resolved without recourse to trial;

(b) make orders to which all the parties consent;

(c) mediate any of the issues in dispute;

(d) with the consent of the parties, refer the parties to a family dispute resolution professional, within the meaning of the Family Law Act, other than a family justice counsellor;

(e) refer the parties to a family justice counsellor, or to a person designated by the Attorney General to provide specialized support assistance, if the court has received written advice from the regional manager that the family justice counsellor or designated person is readily available to the parties;

(f) direct a party to attend the Parenting after Separation program operated by the Family Justice Services Division (Justice Services Branch), Ministry of Attorney General;

(g) make orders respecting amendment of a pleading, petition or response to petition within a fixed time;

(h) make orders requiring that particulars be provided in relation to any matter raised in a pleading;

(i) make orders respecting discovery of documents;

(j) make orders respecting examinations for discovery;

(k) direct that any or all applications must be made within a specified time;

(l) reserve a trial date for the family law case or reserve a date for a trial that is restricted to issues defined by the parties;

(m) set a date for a trial management conference under Rule 14-3;

(n) make any orders that may be made at a trial management conference under Rule 14-3 (9);

(o) without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing or trial;

(p) without limiting any other orders respecting timing that may be made under this subrule, make orders respecting timing of events;

(q) adjourn the judicial case conference;

(r) direct the parties to attend a further judicial case conference at a specified date and time;

(s) make any procedural order or give any direction that the court considers will further the object of these Supreme Court Family Rules.

To me, the highlights of the powers provided by Rule 7-1(15) are these. The judge or master can:

1. handle the case conference like a mediator, which really lets the court get into the thick of it, push the parties a bit, and see what they're prepared to agree to;
2. explore options for settlement other than trial, which might include arbitration where the parties need a more flexible dispute resolution process;
3. give a non-binding opinion about the likely outcome of an application or the trial, which often provides everyone, including the lawyers, with a really helpful reality check;
4. make consent orders, to get rid of any parts of the court proceeding that can resolved early on; and,
5. schedule another JCC, which gives the parties the benefit of a continuing non-adversarial process.

The bit about non-binding opinions is especially important. If my client won't listen to me about the likely outcome of an application or a claim, they'll usually listen to a judge or master!

Even if nothing can be agreed upon, however, the judge or master will usually make a series of orders about the next procedural steps in the litigation. This is very helpful as well, and usually helps to push the court proceeding down the road toward trial. Typically, orders about procedural steps include:

1. scheduling an application for hearing;
2. setting dates for the exchange of documents and lists of documents;
3. setting dates for examinations for discovery;
4. scheduling a settlement conference;
5. resolving issues about experts and reports about parenting arrangements; and,
6. setting the dates for the trial management conference and the trial.

At the end of the conference, the court clerk will print out a case management plan that will show the orders that have been agreed to, the issues still in dispute, and any schedule for the next steps in the litigation. Most of the time, both parties and their lawyers will sign the case management plan; no one needs to sign a case management plan where nothing was agreed to.

Scheduling a judicial case conference

Unlike family case conferences in the Provincial Court, you don't need a judge to make an order that you have a JCC. You can just schedule one yourself, though the trial coordinator, and then send a Notice of Judicial Case Conference to the other parties in Form F19. What's even better about JCCs is that you can have as many of them as you want! Rule 7-1 says that:

(1) A party may request a judicial case conference at any time, whether or not one or more judicial case conferences have already been held in the family law case.

In fact, I've used a series of JCCs to handle really sensitive problems that could have been handled through multiple applications, but would have blown up if they'd had to go through the usual process for making interim applications, especially with the requirement that the evidence presented at interim applications usually be in the form of affidavits. This approach isn't appropriate for all people in all court proceedings, but dealing with the sensitive problems in these cases through a bunch of JCCs let me resolve them with a minimum amount of conflict. Neither side got upset making or defending interim applications, and neither side had to write affidavits committing themselves to particular positions.

Judicial case conference must be held before other applications can be held

As we've already mentioned, under Rule 7-1(2) no one can serve a Notice of Application or affidavit until a JCC has been heard. That usually gives people a lot of motivation to have a JCC early on in a new court proceeding.

Exceptions to the bar on other applications

There are some exceptions to this rule. Under Rule 7-1(3), applications that are being brought without notice to the other side and applications

1. for property protection orders under the Family Law Act and the federal Family Homes on Reserves and Matrimonial Interests or Rights Act,
2. for orders that everyone agrees to, called consent orders,
3. to change a final,
4. to cancel or suspend a family law agreement, and
5. to set aside the determination of a parenting coordinator,

can all be brought without first having a JCC. If your application doesn't fit into this list of exceptions, you may be able to apply for an exemption from the Rule 7-1(2) requirement under subrules (4) and (5). Rule 7-1(4) says that:

On application by a party, the court may relieve a party from the requirements of subrule (2) if

(a) it is premature to require the parties to attend a judicial case conference,

(b) it is impracticable or unfair to require the party to comply with the requirements of subrule (2),

(c) the application referred to in subrule (2) is urgent,

(d) delaying the application referred to in subrule (2) or requiring the party to attend a judicial case conference is or might be dangerous to the health or safety of any person, or

(e) the court considers it appropriate to do so in the circumstances.

Applications to be exempted from the JCC requirement are made by filing a special form without an appearance in court. Use a Requisition in Form F17, being sure to use the version that refers to Schedule A of the Supreme Court's Family Practice Direction 18.

Setting a date

To set a date for a JCC, first contact the court registry and get the available JCC 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 on which you are both available. It's just common courtesy to select a date that's convenient for everyone, and you don't want to look petty and mean-spirited setting a date without bothering to check that it works for the other side.

Once you have a mutually-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 formally reserving 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 Helpful Guides & Common Questions part of this resource, in the section Other Litigation Issues.

Filing Financial Statements

Under Rule 7-1(10), the person who serves the Notice of Judicial Case Conference must also file and serve a Financial Statement in Form F8. (Normally, you'd do this at the same time that you're filing and serving the Notice of Judicial Case Conference.) Under Rule 7-1(11), the other parties must file and serve their own Financial Statements.

Each party must file and serve their Financial Statements at least seven days before the date set for the JCC, although this rule is rarely followed. Quite often, Financial Statements aren't received until the night before, or the morning of, the JCC. That's a shame, but it's better to get the other side's Financial Statement late than not at all. If you do get the Financial Statement just before the JCC, ask the judge if the start of the JCC can be delayed by five or ten minutes so that you can read the other side's Financial Statement.

Preparing for judicial case conferences

By the time you have your JCC, the claimant will have served the respondent with their Notice of Family Claim. The respondent will have served the claimaint with their Response to Family Claim, and possibly also their Counterclaim. It really is a shame that the rule about exchanging Financial Statements isn't complied with better than it is, because preparing and reviewing these statements always lends important depth to the legal issues in a court proceeding, and, as we've already said, you want to do everything you can to maximize the chances of settlement at your JCC.

When I prepare for a JCC, I usually make notes intended to remind myself about the important events in the parties' relationship. I make notes in point-form about things like:

1. the age and occupation of each party, and anything else that's relevant to their employment or employability, such as any illnesses or disabilities;
2. the dates the parties began to live together, married and separated;
3. the names and ages of each of the parties' children, the grades the children are in and the schools they attend, and any important facts about the children including any illnesses or disabilities;
4. the date the court proceeding started and the basic claims being made against the respondent by the claimant and against the claimant by the respondent;
5. the dates and details of any orders that have already been made; and,
6. the dates and details of any attempts made to resolve the legal issues out of court.

Some lawyers also prepare briefs for JCCs. "Briefs" are short statements of the facts of the case and the applicable law and provide a similarly short argument about why the judge should make the orders sought by the party who filed the brief. (Briefs are a convenient way to make the main argument in favour of a client's position, and I sometimes receive these at the beginning of a mediation.) They're intended to persuade not only the judge or master who is hearing the JCC but also the other parties to the court proceeding. Honestly, I'm not sure that the impact briefs usually have is worth the time or money it takes to prepare them. Quite often, these briefs are handed out — to the judge or master and the other lawyers — at the start of the JCC but never get mentioned again. If, however, a brief can be delivered to the other parties and to the court before the JCC and the judge or master has the time to read the brief along with the court file, it may have a chance of making a difference.

Given how important JCCs can be in settling some or all of the issues in a court proceeding, most lawyers will also prepare their clients for the JCC. I talk to my clients about the importance of being civil and respectful — to the judge or master, to the other parties and to the other lawyers — but encourage them to express themselves and talk about why they want what they want; I review the claims they've made and the facts and the law supporting those claims; I talk about how the JCC is likely to go and the possible results; and, I talk about any urgent or short-term problems that need to be addressed, and hopefully resolved, at the JCC.

Settlement conferences

Settlement conferences are available in the Supreme Court at the request of both parties. The rules do not require that a settlement conference be held in every court proceeding, but a judge or master can order that one be held. They are relatively informal meetings between the parties, their lawyers, and a master or judge held pursuant to Rule 7-2 of the Supreme Court Family Rules. They are solely concerned with finding a way to settle the court proceeding.

Settlement conferences, like JCCs, are private and are held in courtrooms that are closed to the public. Only the parties and their lawyers are allowed to attend the conference, unless the parties and the judge all agree that someone else can be present. They are held on a confidential, off-the-record basis, so that nothing said in the conference can be used against anyone later on, like at an application or at trial.

Briefs, Financial Statements and other preparations

Updated financial information should be exchanged between the parties before a settlement conference. If the updates are extensive and significant it is helpful to update and exchange sworn Financial Statements as well. If new Financial Statements are prepared, they should also be filed in court in advance of the settlement conference so that the master or judge has a chance to read through it.

It is common practice for parties to exchange briefs prior to a settlement conference. In fact, a master or judge who directs the parties to attend a conference may direct that briefs, and possibly fresh Financial Statements, be exchanged beforehand. Briefs are very useful in the context of settlement conferences. They:

1. force the parties and their lawyers to really think about the legal issues and the facts that relate to those issues, about the orders they want the court to make, and how the law does and doesn't support the court making those orders;
2. can help to persuade another party that the party filing the brief has a good argument and may, in fact, be right or at least more likely to succeed at trial; and,
3. give the presiding master or judge a really good overview of the legal issues and the relevant law, that they may be able to use when trying to help the parties settle their dispute.

There is no specific form of settlement conference brief, but the following information is usually really helpful:

• Key facts and dates: Dates of cohabitation, marriage, separation and divorce, birthdates of parties and children, and other significant dates, including the dates of things like the purchase and sale of a house, moves, changes in employment or education, and important financial transactions such as inheritances, loans, and purchases.
• List of legal issues: Include the issues to be resolved and a description of your position about each one.
• List of key documents: A list of the documents and other evidence you're relying on in support of your position, for example, expert reports, marriage agreements, employment contracts, loan documents, wills, and so forth. You may want to attach copies of any important documents to your settlement conference brief, or bring an extra copy to the settlement conference in case the master or judge, or another party, doesn’t have theirs.
• Key statute and case law: Copies of the legislation and case law that you're relying on in support of your position.

At the settlement conference, each party will have a turn to tell the master or judge their version of the facts and why they want the orders that they want. The master or judge will listen and ask questions and explore settlement options. The master or judge may even provide opinions about the likely outcome of the case if it goes to trial based upon the their experience in other cases and what the master or judge knows about the case.

Also like JCCs, settlement conferences work best when both parties come prepared and have made full disclosure of all the documents they're relying on. In general, the more information that is exchanged before the settlement conference the better. Being prepared also 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. If you don't have a lawyer with you at the settlement conference, it can be a good idea to speak with one beforehand for a legal opinion about your case and its strengths and weaknesses. It's also helpful to have a sense of the likely cost of taking the matter to trial if you can’t settle it at the settlement conference.

People who are well informed about the facts of the case and who have had the opportunity to get legal advice in advance of the settlement conference are more likely to reach a settlement there, and save the time, expense, stress, and uncertainty of continuing the lawsuit through to trial.

Scheduling a settlement conference

To set a date for a settlement conference, you will need to contact the court registry and get the available settlement conference dates. You'll then need to talk to the other parties to select a date on which everyone is available.

Once you have an agreeable date, call the registry and tell them which date you've picked. You will then need to fill out and file a Requisition in Form F17 reserving the date. There is no filing fee charged to schedule a settlement conference. You must then serve a copy of your filed Requisition on the other side by ordinary service.

Trial management conferences

Parties heading to trial are required to schedule a trial management conference. Trial management conferences are meetings with a judge or a master to discuss how a trial will proceed and what, if any, additional steps must be taken to make sure that the parties are ready for trial, such as exchanging documents and information, organizing experts' reports, or requiring that a views of the child report be prepared.

The parties are normally required to attend the trial management conference in person, unless they have a lawyer and are available by telephone to speak with their lawyer in the event instructions are needed during the conference.

More information about trial management conferences can be found later in this chapter, in the section Trials in the Supreme Court.

Resources and links

Legislation

• Provincial Court Act
• Provincial Court Family Rules
• Supreme Court Act
• Supreme Court Family Rules
• Court Rules Act

Resources

• BC Provincial Court website:
  • What can I expect at a Family Management Conference?
  • Resources for Family Cases
• Provincial Court Family Practice Directions
• Supreme Court Family Practice Directions
• Supreme Court Administrative Notices
• Supreme Court Trial Scheduling

Links

• Provincial Court website
• Family Practice Direction 18
• Supreme Court website: Litigants' Guide to Judicial Case Conferences
• Legal Aid BC's Family Law website's information page "If you have to go to court"
  • See Family management conferences in Provincial Court
• Legal Aid BC's Family Law website's Family Justice registries
• Legal Aid BC's video "Scheduling and Preparing for a Supreme Court Trial" (Attend a Trial Management Conference starts at the 2:15 mark)

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by JP Boyd, 12 April 2020.

JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.