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Difference between revisions of "Conferences and Supreme Court Family Law Proceedings"

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The four types of case conference held in the BC Supreme Court are ''judicial case conferences'', ''case planning conferences'', ''settlement conferences'', and ''trial management conferences''.
The four types of case conference held in the BC Supreme Court are ''judicial case conferences'', ''case planning conferences'', ''settlement conferences'', and ''trial management conferences''.
* '''Judicial Case Conferences''': Judicial case conferences, commonly referred to as "JCCs," are held early in a court proceeding (usually before any other applications can be made to the court), and are focused settlement of any legal issues that can be agreed to early on, getting short-term arrangements for the support and parenting of children set up by consent if possible, and planning the next few steps in the proceeding (set out in a ''case management plan''. They are very important, and mandatory in the majority of cases.
* '''Judicial Case Conferences''': Judicial case conferences, commonly referred to as "JCCs," are held early in a court proceeding (usually before any other applications can be made to the court), and are focused on settlement of any legal issues that can be agreed to early on. This might be short-term arrangements for the support and parenting of children, if the parties can consent. A JCC can also help parties plan the next few steps in the proceeding. The judge or associate judge will document the outcomes of a JCC in a ''case management plan''. JCCs are mandatory in the majority of cases, and by far the most common form of conference in family law cases before the BC Supreme Court.
 
* '''Case Planning Conferences''': Case planning conferences, or "CPCs", were introduced in September 2023. Where a JCC is focused primarily on exploring a settlement, a CPC is intended to ensure the case moves forward efficiently with firm timelines and requirements. The court can impose many procedural orders on its own initiative (whether or not the parties agree) at a CPC, but consent is still required for final orders or of the parties, however. A CPC can be requested by a party or held at the direction of a judge. If one is scheduled, each party is required to file a ''case plan proposal'' which summarizes how they want to handle a range of issues such as discovery of documents, conducting examinations for discovery, plans for obtaining views of a child (if any), dispute resolution procedures, expert witnesses, witness lists, and trial type (e.g. a summary trial, or a regular trial). At a CPC's conclusion, the court must prepare a ''case plan order'', which 
 
 
{| class="wikitable"
|+Comparison of Judicial Case Conference (JCC) vs. Case Planning Conference (CPC)
|-
! **Judicial Case Conference (JCC)** !! **Case Planning Conference (CPC)**
|-
| **Identify and clarify issues in dispute**
* Rule 7-1(15)(a): The court can identify issues in dispute and those not in dispute.
|| **Identify and clarify issues in dispute**
* Rule 7.1-3(1)(w): The judge may make any orders that will further the object of the Rules, including clarifying or narrowing issues.
|-
| **Make procedural or substantive orders by **consent only** (except for limited scheduling directions)**
* Rule 7-1(15)(b): Orders at a JCC must be based on the consent of all parties.
|| **Make procedural orders **with or without consent***
* Rule 7.1-3(1): The court may order various procedural measures on its own initiative (not limited to consent).
|-
| **Amend or clarify pleadings**
* Rule 7-1(15)(g), (h): The court may order amendments or particulars of pleadings if all parties agree.
|| **Amend or clarify pleadings**
* Rule 7.1-3(1)(d), (e): The judge may order amendments and control the length/content of pleadings without requiring consent.
|-
| **Discovery and documents**
* Rule 7-1(15)(i), (j): The court may make consent orders for discovery or examinations.
|| **Discovery and documents**
* Rule 7.1-3(1)(f), (g), (h): The judge can set mandatory directions for document production, discovery, or examination (contested or by consent).
|-
| **Expert evidence (general procedural powers)**
* Rule 7-1(15)(s): The court may make “any procedural order” but only if parties agree, or it gives directions for experts with consent.
|| **Expert evidence (explicit provisions)**
* Rule 7.1-3(1)(k): The judge may limit or specify the use of experts, require jointly instructed experts, or set timelines for expert reports without consent.
|-
| **Refer parties to mediation or dispute resolution**
* Rule 7-1(15)(c), (d), (e): JCC judge can refer the parties to a mediator or family justice counsellor, typically with the parties’ consent.
|| **Require attendance at mediation or other dispute resolution**
* Rule 7.1-3(1)(o): CPC judge may order parties to attend mediation, settlement conferences, or other processes—even if one party objects.
|-
| **Set or reserve trial dates (by consent)**
* Rule 7-1(15)(l), (m), (n): The court may reserve a trial date, set a TMC date, and make trial management orders but usually with party agreement.
|| **Fix or set trial length and dates (without requiring consent)**
* Rule 7.1-3(1)(q), (s): CPC judge may fix the length of trial and set the case for trial on a specific list or date on a non-consensual basis.
|-
| **Give non-binding opinions**
* Rule 7-1(15)(o): The JCC judge can give a non-binding opinion on the probable outcome to help settlement.
|| **No specific “non-binding opinion” provision**
* While settlement discussions can occur, CPC powers focus more on case management and procedural orders; no rule explicitly calls for a judicial opinion on outcome.
|-
| **No automatic consequences for non-compliance at the conference**
* Any enforcement or sanctions typically require a separate application or rely on the court’s inherent powers.
|| **Explicit non-compliance consequences**
* Rule 7.1-3(6), (7): The court may impose cost consequences or other sanctions (e.g., strike pleadings) if a party fails to comply with a CPC order.
|-
| **Final orders generally not made unless agreed**
* Rule 7-1(15)(b): Only final orders by consent; no contested final order at a JCC.
|| **Final orders generally not made, unless by consent or limited exceptions**
* Rule 7.1-3(2)(b): No final judgment at a CPC except by consent (or under subrule (6) in some non-compliance scenarios).
|}


* '''Case Planning Conferences''': CPCs were introduced in September 2023, and can be requested by a party or held at the direction of a judge. CPCs are intended to make complex litigation more efficient — however they are a fairly new development, and not necessarily all that common. If one is scheduled, each party is required to file a ''case plan proposal'' which summarizes how they want to handle a range of issues such as discovery of documents, conducting examinations for discovery, any plans for obtaining views of a child, dispute resolution procedures, expert witnesses, witness lists, and trial type (e.g. a summary trial, or a regular trial). 


* '''Settlement Conferences''': These conferences are held when both parties request them, or at the direction of a judge. Settlement conferences are aimed at trying to settle the legal issues in the court proceeding so that trial can be avoided.
* '''Settlement Conferences''': These conferences are held when both parties request them, or at the direction of a judge. Settlement conferences are aimed at trying to settle the legal issues in the court proceeding so that trial can be avoided.
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