Trial management conferences

(6) The purposes of a trial management conference include,

(a)  exploring the chances of settling the case;

(b)  arranging to receive evidence by a written report, an agreed statement of facts, an affidavit or another method, if appropriate;

(c)  deciding how the trial will proceed;

(c.1) exploring the use of expert evidence or reports at trial, including the timing requirements for service and filing of experts’ reports;

(d)  ensuring that the parties know what witnesses will testify and what other evidence will be presented at trial;

(e)  estimating the time needed for trial; and

(f)  setting the trial date if this has not already been done.

There will be specific things that the judge will talk about with you and the other party.  These things include who the witnesses will be at your trial, what evidence will be presented at the trial, how much time will be needed for the trial and setting the trial date. The judge may also put limits on the number of pages of your affidavit evidence and the number of witnesses that you or the other party want at your trial. Therefore, bring a list of your witnesses, what you expect your witnesses to say at the trial and a list of the documents that you will rely on at the trial to the trial management conference.  You must also estimate the amount of time that you will need to cross-examine the other party’s witnesses.

You should be aware that your trial will be limited to what you have asked for in your original documents.  For example, if the outstanding issues in your original documents are about parenting claims (decision-making responsibility or parenting time), you may not add support as an issue at trial.

If you need an interpreter or accommodation for a disability at trial, make sure that you let the judge know about this at the trial management conference.

Also, if you want to use a medical or other professional report at the trial, you must confirm with the judge at the trial management conference that the report may be used at the trial.

Community Legal Education Ontario (CLEO) provides a “guided pathway” to help you complete your Form 17E: Guided Pathways for your Family Law Trial Management Conference - Form 17E.  

You must place Form 17E into your continuing record. 

If you are required to serve and file a financial statement, you will need to update it if it is more than 60 days since you completed the original Financial Statement that you filed with the court.  You must complete, serve, and file one of the following: 

• A new Form 13: Financial Statement if there has been a major change to your financial situation. 
• A Form 14A: Affidavit, if there is no change or only minor changes to the last financial statement you filed. You must include details on all the changes. 

You also must fill out Form 13A: Certificate of Financial Disclosure. In it, you list all the documents that prove what you said in your financial statement. 

You need to confirm with the court that you will be attending the trial management conference with a Form 17F: Confirmation of Conference.  It is very important that you read rule 17(14) for more information about confirming your attendance at the conference.  You must also fill in form 17F and deliver it to the court office no later than 2:00 p.m. three (3) days before the conference.  If you do not confirm that you will be attending the conference, it could be cancelled by the court. 

You should make three (3) copies of each of your documents – one for yourself, one for the other party and the original for the court. 

Rule 17(13)(3) (Parties to Serve Documents for Conference) of the Family Law Rules deals with the service and filing of your documents for the trial management conference.  The rule states that you must serve Form 17E for your trial management conference. 

Rule 17(13.1) (Time for Service of Briefs) of the Family Law Rules deals with the time requirements for serving and filing the documents for the trial management conference.  If you are the Applicant who requested the conference, you must serve and file your documents no later than six (6) days before your trial management conference.  If you are the Respondent, you must serve and file your documents no later than four (4) days before your Trial Management Conference.  

All documents, including Form 17E must be filed in the Continuing Record. 

If you are required to serve and file a Financial Statement, before you file your documents, both parties must remove all financial account numbers and personal identifying information from your Financial Statement.  You do this by blacking out information like: 

• Social insurance numbers 
• Bank account numbers 
• Credit card numbers 
• Account numbers for mortgages, lines of credit and other loans. 

You must keep the original documents that show this information because a judge may want to see it.