Author: Stacey Staios - Associate Lawyer
Continued …
In most family law cases, parties are to attend at least one of the three conferences available. These include a case conference, settlement conference and trial management conference. These conferences are provided as an opportunity to resolve all or some of the issues, which can save both parties time and costs involved in settling a case.
A case conference is usually the first time the parties speak to a judge about the issues in the case. The judge will discuss any chances of settling the case, identify the issues that the parties are unable to resolve, ensure both parties have the required documents and set a date for next steps.
If the parties do not resolve the issues after one or more case conferences, the judge will likely schedule a settlement conference. During this conference, the parties will meet with a judge to discuss any offers to settle, resolve or narrow any issues and in the event the case is not resolved, identify any witnesses and other evidence that may be presented at trial.1
A trial management conference is scheduled when it is clear that the parties cannot resolve the issues and the case has to go to trial. The goal of a trial management conference is to get both parties ready for trial and offer one last attempt to settle the case. During this conference, a judge will discuss how the trial will proceed, ensure that both parties know what witnesses will testify and what other evidence will be presented at trial, estimate the time needed for trial and set the trial date.2
Step 7
As the court process can be time consuming, either party may want to ask a judge for a temporary decision before a final decision is reached. This is referred to as making a motion. Generally, there are two types of family motions. A procedural, uncomplicated, or unopposed motion refers to a party asking the court permission to file a document after a deadline has passed or asking the court to make an order that the other party agrees to. A motion for a temporary order, on the other hand, refers to a party asking the court to order the other party to pay temporary child support or set up a temporary parenting schedule. There are steps that need to be taken when making a motion, and can be found in the Family Law Rules.
Step 8
The next step is to determine if there is an offer to settle. All offers must be made in writing and signed personally by the offeror and their lawyer. In order to accept the offer, the offeree must serve an acceptance in writing before it is withdrawn or before the court begins to give a decision disposing the claim dealt with in the offer. For greater clarity, an offer not accepted by the deadline is considered withdrawn and a party may accept an offer even if they previously rejected it or provided a counter-offer.
Step 9
The final step in a family law case is the trial. Although the parties are entitled to settle at any stage during this process, failure to do so will result in them appearing before a judge who will make an order telling both parties what is required of them. Before trial, the party who started the application must prepare, serve and file a trial record, which include documents from throughout the case. This may include but is not limited to, a copy of the initial application, a copy of the respondent’s answer, any agreed statements of facts, assessment reports and any temporary orders. The party who did not start the case (the respondent) will not have to prepare a trial record.
Once both parties have presented their evidence, questioned any witnesses (if applicable) and provided their opening and closing statements, the judge will hand down a decision. Part of this decision may include awarding costs to one party, which means that one party may be required to pay the other party’s legal costs for the trial and for other steps in the case.
Ultimately, it is in the parties best interest to reach an agreement before the trial commences, as the judge will have full control over the outcome, rather than the parties themselves.
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References
1 Ministry of the Attorney General, ‘Part 7: Required Steps’ https://www.attorneygeneral.jus.gov.on.ca/english/family/guides/fc/part_7.html2 Ibid.
3 Ibid.