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

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Conferences and Supreme Court Family Law Proceedings (view source)

Revision as of 21:29, 25 March 2025

21 bytes added ,  25 March
→‎Conferences in the BC Supreme Court
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|+Comparison of Judicial Case Conference (JCC) vs. Case Planning Conference (CPC)
|+Comparison of Judicial Case Conference (JCC) vs. Case Planning Conference (CPC)
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|-
! **Judicial Case Conference (JCC)** !! **Case Planning Conference (CPC)**
! '''Judicial Case Conference (JCC)''' !! '''Case Planning Conference (CPC)'''
|-
|-
| **Identify and clarify issues in dispute**
| '''Identify and clarify issues in dispute'''
* Rule 7-1(15)(a): The court can identify issues in dispute and those not 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**
|| '''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.
* 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)**
| '''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.
* 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***
|| '''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).
* Rule 7.1-3(1): The court may order various procedural measures on its own initiative (not limited to consent).
|-
|-
| **Amend or clarify pleadings**
| '''Amend or clarify pleadings'''
* Rule 7-1(15)(g), (h): The court may order amendments or particulars of pleadings if all parties agree.
* Rule 7-1(15)(g), (h): The court may order amendments or particulars of pleadings if all parties agree.
|| **Amend or clarify pleadings**
|| '''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.
* 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**
| '''Discovery and documents'''
* Rule 7-1(15)(i), (j): The court may make consent orders for discovery or examinations.
* Rule 7-1(15)(i), (j): The court may make consent orders for discovery or examinations.
|| **Discovery and documents**
|| '''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).
* 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)**
| '''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.
* 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)**
|| '''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.
* 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**
| '''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.
* 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**
|| '''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.
* 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)**
| '''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.
* 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)**
|| '''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.
* 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**
| '''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.
* 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**
|| '''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.
* While settlement discussions can occur, CPC powers focus more on case management and procedural orders; there is no explicit rule for a judicial opinion on outcome.
|-
|-
| **No automatic consequences for non-compliance at the conference**
| '''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.
* Any enforcement or sanctions typically require a separate application or rely on the court’s inherent powers.
|| **Explicit non-compliance consequences**
|| '''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.
* 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**
| '''Final orders generally not made unless agreed'''
* Rule 7-1(15)(b): Only final orders by consent; no contested final order at a JCC.
* 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**
|| '''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).
* Rule 7.1-3(2)(b): No final judgment at a CPC except by consent (or under subrule (6) in certain non-compliance scenarios).
|}
|}


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