Contents

Government

Ministry of Justice

What will happen at my judicial case conference?

Your judicial case conference may be the first and last time you appear in Supreme Court, or it may be the beginning of a longer process.

At the conference, the judge or master will talk with you and the defendant to:

  • identify exactly which issues you agree on and which are in dispute
  • explore ways other than a trial to resolve the issues, and
  • make sure you have both provided all necessary information.

If you can come to an agreement during the conference, the judge or master may make a court order right then to settle the issues in dispute. If you cannot come to an agreement, the judge or master may:

  • direct you and the defendant to try a non-court option to resolve the issues in dispute, such as attending:
    • mediation
    • a settlement meeting (this is a meeting between you and the defendant and your lawyers, if you have them, to try to negotiate a solution you can both agree to), or

    • a settlement conference (where the judge or master will help you resolve your dispute)

  • if your case involves custody, guardianship, access and/or child support, direct you and the defendant to attend a Parenting After Separation session
  • if your case involves custody or access, order a custody and access report to help the court determine what living situation will best meet the needs of your children, and/or
  • reserve a trial date and set a date for a pre-trial conference (a meeting before the judge or master that will focus on making sure you and the defendant are ready to present your case at a trial).

In addition, if you need an order to temporarily settle an issue, such as who will have custody of the children, until a trial can be held (this is an interlocutory order - also known as an "interim" or "pre-trial" order), the judge or master may set a hearing date for your interlocutory application. (For more on interim applications, please see How do I apply for an interlocutory (interim) order? )

Important!

If you (or the defendant) miss the conference, the judge may decide to continue with it and even make a court order in your absence. The judge may also order you (or the defendant) to pay the other person's costs.