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

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}}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.  
}}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 ''judicial case conferences'' (JCCs), the most common kind of conference held in the BC Supreme Court — and their uses and limitations. It also talks about ''case planning conferences'' (CPCs) — which are relatively new to BC Supreme Court (since September 2023) — ''trial management conferences (TMCs), and ''settlement conferences'', and provides tips about how you can get the most out of your time and the judge's time at these conferences.
This section discusses ''judicial case conferences'' (JCCs), the most common kind of conference held in the BC Supreme Court — and their uses and limitations. It also talks about ''case planning conferences'' (CPCs) — which are relatively new to BC Supreme Court (since September 2023) — ''trial management conferences'' (TMCs), and ''settlement conferences'', and provides tips about how you can get the most out of your time and the judge's time at these conferences.


==Introduction==
==Introduction==
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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 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. Whereas the JCC is focused primarily on exploring settlement options, the CPC is intended to ensure the case moves forward efficiently with firm timelines and requirements. The court can impose procedural orders on its own initiative (whether or not the parties agree), including orders respecting disclosure and pre-trial discovery steps. Consent is still required for final orders, and it is not a replacement for interim applications about contested key issues. No applications based on affidavit evidence can be heard at a CPC. However, the authority of a judge at a CPC to impose procedural orders (e.g. for disclosure, shortening timelines, or amending pleadings) makes CPCs potentially quite powerful. 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, obtaining views of a child, dispute resolution procedures, expert witnesses, witness lists, and what form of trial to have (e.g. a summary trial, or a regular trial). At a CPC's conclusion, the judge must prepare a ''case plan order'', which is a proper order of the court.
* '''Judicial Case Conferences''': 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.


* '''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.
* '''Case Planning Conferences''': CPCs were introduced in September 2023. Unlike JCCs which focus on exploring settlement options, the goal of a CPC is to move the case forward with firm timelines and requirements. In a CPC, the judge can make procedural orders on its own (whether or not the parties agree) about matters like disclosure and pre-trial discovery. Final orders still require consent, and CPCs do not replace interim applications for contested issues. No affidavit-based applications can be heard at a CPC, yet a judge's authority to set requirements — for example, demanding certain disclosures, shortening deadlines, or allowing changes to pleadings — can make a CPC quite powerful. Either a judge or a party can request a CPC. Once one is scheduled, each party must file a ''case plan proposal'' covering topics such as document discovery, examinations for discovery, methods of dispute resolution, witness lists (including any expert witnesses), and the type of trial (like a summary trial or a full trial). At the end of the CPC, the judge must issue a ''case plan order'', which is a binding order of the court that doesn't require the signature of parties or their legal counsel.
 
* '''Settlement Conferences''': Settlement 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.


* '''Trial Management Conferences''': TMCs are only mandatory when 15 or more trial days are booked, where one party won't have a lawyer representing them, or for cases involving ''Divorce Act'' claims where a party wants evidence to be dealt with in French. They are held closer to the end of the litigation process, and are focused on making sure that all of the parties are ready to go to trial.
* '''Trial Management Conferences''': TMCs are only mandatory when 15 or more trial days are booked, where one party won't have a lawyer representing them, or for cases involving ''Divorce Act'' claims where a party wants evidence to be dealt with in French. They are held closer to the end of the litigation process, and are focused on making sure that all of the parties are ready to go to trial.
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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.
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.


'''Note:''' The BC Supreme Court places a lot of emphasis on JCCS. There is an [https://www.bccourts.ca/supreme_court/practice_and_procedure/practice_directions/family/FPD%20-%2012%20-%20Judicial%20Case%20Conferences%20-%20Litigants'%20Guide%20to%20Judicial%20Case%20Conferences.pdf official JCC guide for litigants] published and updated on the BC Supreme Court website, which is quite helpful. The guide includes information about the process, and about the ''case management plan'' that results at the conclusion of the JCC.
'''Note:''' The BC Supreme Court places significant emphasis on Judicial Case Conferences. You can find a helpful [https://www.bccourts.ca/supreme_court/practice_and_procedure/practice_directions/family/FPD%20-%2012%20-%20Judicial%20Case%20Conferences%20-%20Litigants'%20Guide%20to%20Judicial%20Case%20Conferences.pdf JCC guide for litigants] on the BC Supreme Court's website. It explains the JCC process, and the ''case management plan'' that a judge or associate judge will prepare.




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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 associate judge 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.
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 associate judge 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:
The court's powers at JCCs are set out at Rule 7-1(15) and are very broad:


<blockquote><tt>(15) The court may do one or more of the following at a judicial case conference:</tt></blockquote>
<blockquote><tt>(15) The court may do one or more of the following at a judicial case conference:</tt></blockquote>
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<blockquote><blockquote><tt>(s) make any procedural order or give any direction that the court considers will further the object of these Supreme Court Family Rules.</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(s) make any procedural order or give any direction that the court considers will further the object of these Supreme Court Family Rules.</tt></blockquote></blockquote>


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


#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;
#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;
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===Case planning conferences===
===Case planning conferences===
A case planning conference (CPC) is a fairly new (as of September 2023) procedural step that can be scheduled any time after a JCC has been held. It offers a more hands-on opportunity for the court to guide the progress of a family law case. A CPC can be scheduled by a party obtaining a date from the registry, filing a Form F19.2 Notice of Case Planning Conference, and serving it on the other party. Also, the court may direct that a CPC take place at any time after a JCC has occurred.  
A case planning conference (CPC) is a fairly new (as of September 2023) procedural step that can be scheduled any time after a JCC has been held. It offers a more hands-on opportunity for the court to guide the progress of a family law case. A party can scheduled a CPC by obtaining a date from the registry, filing a Form F19.2 Notice of Case Planning Conference, and serving it on the other party. Also, the court may direct that a CPC take place at any time after a JCC has occurred.  


The procedure is contained in Part 7.1 of the [https://canlii.ca/t/8mcr#sec7.1_1 Supreme Court Family Rules]. When a party must serve the Form 19.2 notice depends on whether it is the ''first CPC'' in the case (35 days before the CPC is scheduled) or a ''subsequent CPC'' (7 days notice), but a judge can set a different notice period or the parties can agree to a shorter period. The timeline for serving notice can be shortened by applying to the court using a Form F18.1 Requisition.  
The procedure is contained in Part 7.1 of the [https://canlii.ca/t/8mcr#sec7.1_1 Supreme Court Family Rules]. When a party must serve the Form 19.2 notice depends on whether it is the ''first CPC'' in the case (35 days before the CPC is scheduled) or a ''subsequent CPC'' (7 days notice), but a judge can set a different notice period or the parties can agree to a shorter period. The timeline for serving notice can be shortened by applying to the court using a Form F18.1 Requisition.  
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===Settlement conferences===
===Settlement conferences===


Settlement conferences are available in the BC 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 associate judge can order that one be held. They are relatively informal meetings between the parties, their lawyers, and a associate judge or judge held pursuant to Rule 7-2 of the [https://canlii.ca/t/8mcr#sec7_2 Supreme Court Family Rules]. They are solely concerned with finding a way to settle the court proceeding.
The rules do not require settlement conferences in every court proceeding, but the parties can jointly request on, or a judge or associate judge can direct that one be held. They are relatively informal meetings between the parties, their lawyers, and a associate judge or judge held pursuant to Rule 7-2 of the [https://canlii.ca/t/8mcr#sec7_2 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.
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 settlement conference can be used against anyone later on, like at an application or at trial. This said, a recording is taken at the conference, so if there is a dispute or an appeal about what the parties agreed to, a transcript can be ordered.


====Briefs, Financial Statements and other preparations====
====Briefs, Financial Statements and other preparations====
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* [https://www.bccourts.ca/supreme_court/practice_and_procedure/practice_directions/family/FPD%20-%2012%20-%20Judicial%20Case%20Conferences%20-%20Litigants'%20Guide%20to%20Judicial%20Case%20Conferences.pdf Litigants' Guide to Judicial Case Conferences] from BC Supreme Court's website:  
* [https://www.bccourts.ca/supreme_court/practice_and_procedure/practice_directions/family/FPD%20-%2012%20-%20Judicial%20Case%20Conferences%20-%20Litigants'%20Guide%20to%20Judicial%20Case%20Conferences.pdf Litigants' Guide to Judicial Case Conferences] from BC Supreme Court's website:  
* [https://supremecourtbc.ca/family-law/before-trial/judicial-case-conference/judicial-case-conference-introduction Judicial Case Conference] information page from Justice Education Society's Online Help Guide for BC Supreme Court
* [https://supremecourtbc.ca/family-law/before-trial/judicial-case-conference/judicial-case-conference-introduction Judicial Case Conference] information page from Justice Education Society's Online Help Guide for BC Supreme Court
* [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/family_law_orders/Trial_Management_Conference_Order_Picklist.pdf Trial Management Conference Order Picklist] from BC Supreme Court's website
* [https://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/family_law_orders/Trial_Management_Conference_Order_Picklist.pdf Trial Management Conference Order Picklist] from BC Supreme Court's website


===Links===
===Links===