Judicial Case Conferences, (JCC), are mandatory confidential discussions between you, your former spouse, your lawyers, and a judge or master, to see if you can resolve your differences. The judge or master may take a hands-on approach and try to mediate your disagreement, but that depends on their style. 

These sessions are also great ways to get the information you need. The judge or master can order that either party give documents to the other, or provide more details about an issue, called particulars. 

Neither of you can make an application (for an interim order) before attending a Judicial Case Conference. The court can sometimes make exceptions to this rule to protect people and property. But you can ask for a JCC even if you are not making an interim appplication. It can be a very effective way to move your case along.

Setting up a Judicial Case Conference  

Follow these steps to schedule a Judicial Case Conference:

1. Exchange financial statements with your former spouse.
2. Both parties must file their financial statements with the court, so the judge or master can review them
3. Contact the court registry and ask about available dates for a JCC
4. Contact your former spouse or their lawyer and mutually agree on one of the available dates
5. Contact the registry and tell them what date works for both of you
6. If your former spouse avoids scheduling a JCC, you can request and set one on your own
7. Fill out a Notice of Judicial Case Conference (Form F19). Make sure you choose the correct location for the conference
8. Serve the Notice of Judicial Case Conference on your former spouse

Your Discussion is Confidential 

Everything you discuss at the Judicial Case Conference is without prejudice, which means that it is off the record. Anything you say, including any settlement offers you present to your former spouse cannot be used against you or brought up later at trial. Similarly, you cannot use any settlement offers in court against your former spouse. Unlike open court, a JCC is closed to the public. 

Possible Outcomes 

Here are some things that can happen as a result of your conversations at a JCC:

1. You might settle
2. The judge or master can give an informal early opinion on how the case might turn out
3. The judge or master might make an order for a request for particulars
4. The judge or master might make an order relating to discovery
5. You and your former spouse may agree to change a pleading, such as a Notice of Family Claim or Reply to a Notice of Family Claim
6. If you have kids, you may be sent to take the Parenting After Separation Program
7. The judge or master might make an order or set a date for a trial management conference, another judicial case conference or trial.
8. At the end of the JCC, you will receive a document outlining any orders and agreements that were achieved as well as detailing the areas of disagreement and the next steps in the court process. This document is called a case management plan. You may have to sign the case management plan.

Attending a Trial Management Conference (TMC) 

A trial management conference is a meeting with a judge or master to assess trial preparedness. The judge or master wants to make sure that you are ready for trial. The purpose of the TMC is to deal with last minute issues before trial such as making sure all required documents are exchanged, and the time estimate for trials are still accurate. 

Trial conferences are mandatory unless the court says otherwise. Since you are representing yourself, you must attend the trial conference. Trial conferences are held at least 28 days before trial.

Trial Brief

A trial brief is a court document summarizing your case. To prepare a trial brief, use Supreme Court Form 45. The trial brief summarizes your position, identifies the witnesses you intend to call at trial, the time you expect these witnesses to take, and any expert reports or other documents that you will present as evidence. You must also list the laws you will be relying on to present your case to the judge. You must file this form at least 56 days before your scheduled trial date and serve it on your former spouse.

Possible Outcomes

What a Judge can do:

1. Order that the parties attend a judicial settlement conference 
2. Create a roadmap for the trial
3. Adjourn the trial (if it would be unfair to go forward)
4. Change the amount of days set for trial
5. Set time limits for witnesses and submissions
6. Make changes to documents (such as the notice of family claim)
7. Decide what documents and facts are admissible
8. Ask that parties prepare a book of documents

Judicial Settlement Conferences  

A judicial settlement conference is a conference held before a judge or master who must, in private and without hearing witnesses, explore all possibilities of settlement of the issues that are outstanding.

You and your spouse can jointly request a settlement conference by filing a Requisition in Form 17, or a judge or master may direct you to attend a settlement conference. 

To prepare for a JSC, follow the same steps as if you were preparing for a JCC. You may be required to exchange updated financial statements and a brief listing out the key facts, legal issues, documents and relevant law.

The judge will be able to give opinions and recommendations on how your issues can be resolved. Whatever is said during the JSC can’t be used later against you or your former spouse, so be sure to explore different ideas for settling. Talking about settlement isn’t going to hurt your case.