Case Conferences in Ontario Family Court

What Is a Case Conference?

A case conference is generally an early, informal step in an Ontario family court case. It brings both parties — and their lawyers, if they have one — together with a judge, usually before any contested issue has been decided. The goal is not to win or lose anything at this stage. It is to help the judge and the parties get a clearer picture of the case: what is actually in dispute, what has already been agreed, and what still needs to happen before the case can move forward.

Case conferences are a routine part of most contested family court cases in Ontario, not an optional extra. If you have started, or are responding to, a family court application that is not fully agreed, you should generally expect at least one case conference along the way. For a broader orientation to how a family court case proceeds from start to finish, see getting started in family court.

A single case is often not limited to one case conference. Depending on how complex the issues are, how much disclosure remains outstanding, or how far apart the parties are on settlement, a court may schedule more than one before the case is ready to move to the next stage. It is also common for the same conference date to address several smaller housekeeping matters at once, alongside the bigger substantive issues, simply because it is efficient to deal with everything the parties and judge can see clearly in one sitting.

Who Attends a Case Conference?

Both parties to the case generally attend, along with their lawyers if they are represented. Courts generally expect the parties themselves — not only their lawyers — to be present, since a judge may want to hear directly from each side about their situation and their position on the issues.

The conference is presided over by a judge, and it usually takes place in a courtroom or conference room at the courthouse, though some conferences may proceed in writing or remotely depending on the court's practices and the circumstances of the case. Unlike a trial, there is generally no jury, no formal witness stand, and no members of the public expected to be following along with the details of a specific case.

What Generally Happens at a Case Conference

A case conference is generally structured around a handful of goals rather than a fixed script, but it typically touches on some combination of the following:

• Identifying which issues are genuinely in dispute, as opposed to issues the parties actually agree on
• Discussing whether all or part of the case can be resolved by agreement
• Reviewing what financial or other disclosure has been exchanged, and what is still outstanding
• Addressing procedural matters, such as what needs to happen next and by when
• Setting a timetable or scheduling the next step in the case, such as a further conference or a motion

The judge may also give informal, non-binding feedback on the parties' positions — for example, flagging that a particular argument seems unlikely to succeed later, or suggesting a more realistic middle ground. That feedback is meant to help the parties make better-informed decisions about settlement, not to decide the outcome of the case.

Courts generally expect the parties to have exchanged certain materials before the conference date, such as a short summary of each side's position and, where the case involves support or property, updated financial information. The specific forms and deadlines for these materials are set by the Family Law Rules and by local court practice directions, and they can vary somewhat between courthouses, so it is worth confirming the exact requirements for your location well before the date.

Is a Case Conference Confidential? "Without Prejudice" Discussions

Case conferences are generally treated as without prejudice. In practical terms, this generally means that settlement positions, offers, and admissions made during the conference cannot later be used as evidence against a party if the case does not settle and proceeds toward a motion or trial. The idea is to let people speak more candidly about possible compromises than they might if everything said could later be used against them.

This without-prejudice protection is specific to settlement-oriented discussion. It does not generally erase a party's other obligations in the case, such as the duty to provide honest financial disclosure, and a judge can still make procedural orders based on what happens at the conference, such as directing further disclosure or setting a schedule. If you are unsure what can or cannot be raised later based on something discussed at a conference, that is a good question to bring to a legal professional.

Why Case Conferences Often Come Before Motions

Under Ontario's Family Law Rules, a party generally must attend a case conference dealing with the issues in the case before bringing most contested motions. The idea behind this sequencing is that many disputes can be narrowed, clarified, or resolved once a judge and both parties sit down together — which can make a motion unnecessary, or at least more focused if one is still needed.

There are recognized exceptions to this general sequencing — for example, for motions made on consent, certain limited types of motions, or situations a court considers urgent or where a case conference is not required in the interests of justice. Whether an exception applies to your situation depends on the specific facts and is not something to assume without confirming. For a fuller look at how motions work in Ontario family court, including timing and evidence requirements, see motions in family court.

What a Judge Can and Can't Decide at This Stage

A case conference judge generally cannot impose a final, binding decision on a contested issue — such as a final parenting arrangement, a final support amount, or a property division — unless both parties consent to that outcome. Because of the without-prejudice nature of the conference, the judge's role is generally more about guiding the discussion, narrowing the issues, and helping the parties see their case more realistically than about ruling on who is right.

What a judge generally can do at a case conference is make procedural orders — for example, directing a party to produce specific disclosure, setting a schedule for next steps, or scheduling a further conference or motion. These procedural orders keep the case moving even when the underlying dispute is not yet resolved.

This limited authority is often part of the point. Because neither party risks a binding loss on a contested issue simply by attending, both sides can generally afford to explore settlement options, test out a compromise, or hear the judge's early impressions without fear that doing so will be held against them if the case does not settle. That said, informal feedback from an experienced judge about how a position is likely to be received later is often taken seriously by parties and their lawyers when deciding how to proceed.

Preparing for a Case Conference

Because a case conference is meant to give the judge and the other party a genuine picture of the case, preparation matters even though the hearing itself is informal. Steps that are generally useful include:

• Reviewing the other party's court documents and any conference materials carefully before the date
• Organizing your own documents, including financial disclosure, so you can speak to them clearly
• Making a realistic list of what is genuinely in dispute versus what is already agreed or unlikely to be contested
• Thinking through possible settlement positions in advance, rather than deciding on the spot
• Confirming the court's specific requirements for conference briefs or forms, which can vary by location

Many people find it useful to speak with a Family Law Information Centre or a legal professional before a case conference, particularly if the case involves parenting, support, or property issues. See family court getting started for more on the free information resources available at Ontario courthouses.

It can also help to arrive with a short, honest list of what you actually want out of the conference — for example, a specific piece of disclosure you need, a procedural order that would move the case forward, or a general sense of where settlement might be possible. Because the conference is not the place for a full evidentiary argument, being focused and organized generally makes the limited time with the judge more productive for everyone involved.

Case Conference vs. Settlement Conference

Case conferences and settlement conferences are both conferences with a judge, and both are aimed at moving a case forward without a full trial — but they generally happen at different points and serve somewhat different purposes.

A case conference generally comes first, often while disclosure is still being exchanged and the issues in dispute are still being sorted out. A settlement conference generally comes later in the process, once disclosure is more fully exchanged, and focuses more directly on trying to settle the outstanding issues before the parties commit to preparing for trial. For a closer look at that later stage, see settlement conferences.

Frequently Asked Questions