Prepare for your trial management conference

A judge schedules a trial management conference when they think you and your partner can't resolve your issues and your case has to go to trial.

The goal of a trial management conference is to get you and your partner ready for your trial and to try one last time to settle the case.

Rule 17: Conferences tells you what you need to do to prepare for your trial management conference and what happens at one.

Fill out your forms

In the Ontario Court of Justice, you fill out Form 17E: Trial Management Conference Brief. This form asks for some of the same information as the earlier briefs you filled out for your case conference and settlement conference.

In the Superior Court of Justice and the Family Court of the Superior Court of Justice, you must file:

a completed Trial Scheduling Endorsement Form
an Offer to Settle
a draft of your opening statement that you will present at trial

In both the trial management conference brief and the trial scheduling endorsement form, you have to tell the judge:

who you plan to call as witnesses
what issues your witnesses will speak about
how long you think each witness will take

You also have to answer some procedural questions like:

do you and your partner agree on the facts of your case
have you and your partner shared all relevant documents

And you have to give the court updated financial statements. See Update your financial statements below to find out what you have to do.

Make copies of your completed documents for you and your partner.

Serve and file your forms

You must serve your partner with a copy of your documents and an updated table of contents at least 6 days before the date of your trial management conference. You serve them by regular service or special service. Serve your documents below explains how to do this.

See Count time below to understand how to calculate days or time correctly. This is important because court staff may not accept your documents if you haven't followed the rules.

You need to go back to the court once your partner has been served, to file your documents, and Form 6B: Affidavit of Service in your Continuing Record. You must do this at least 4 days before the conference date. Update your continuing record below explains how to add documents to your court file.

Confirm your court date

You have to tell the court that you will be at your trial management conference. Confirm your court date below explains how to do this.

If you need an interpreter or any special arrangement because of a disability, see Ask for a special arrangement below.

Ask for a special arrangement

If you or any of your witnesses need an interpreter or any special arrangement because of a disability, you can ask for this at any stage in the court process.

You can speak with any staff member at court about what you need or you can contact the Accessibility Coordinator at the court where your case, motion, or trial is being held. More information on how Ontario’s courts can be more accessible is available on the <a href="http://www.attorneygeneral.jus.gov.on.ca/english/about/commitment_to_acc... of the Attorney General’s website</a>.

Anchor Hash Name:

askforspecialarrangement

Confirm your court date

You must confirm your court date by 2 p.m., at least 3 days before your scheduled hearing. To confirm a court date, you must fill out and file <a href="http://www.ontariocourtforms.on.ca/forms/family/14c/FLR_14C_Sept105_ODA.... target="_blank">Form 14C: Confirmation</a>. To confirm a conference date, you must fill out and file <a href="http://ontariocourtforms.on.ca/static/media/uploads/courtforms/family/17... target="_blank">Form 17F: Confirmation of Conference</a>.
These forms tell the court that you'll be at your hearing, what specific issues will be discussed at it, and what documents the judge should read. You can file the form in person at the courthouse or by fax.

You must give your partner a copy of the form before you give it to the court.

If you don't file your confirmation form in time, the hearing may not be held and you will have to get a new date.

Anchor Hash Name:

confirmyourcourtdate

Count time

Rule 3: Time tells you how to count time or days.

You must follow court rules that say the day by which you have to:

serve your partner, or other people or agencies, with your documents
file your documents with the court
confirm your court dates

When you serve your documents, counting starts on the day after the “effective” service day. The effective service day depends on how you served the documents. If you served them:

personally - service is effective the same day
by mail - service is effective 5 days after the documents are mailed
by courier - service is effective the day after the courier picks it up
by fax - service is effective the day it is faxed as long as it is faxed before 4 p.m. on a day when the court is open
at your partner’s home with anyone who seems to be an adult and then mailed to that address - service is effective 5 days after the documents are mailed

For example, suppose your partner has to get your documents at least 7 days before the date of your motion. If you serve them personally on Monday, the first day you count is Tuesday and the 7th day is the following Monday.

If the last day is a holiday, the time period ends on the next day that is not a holiday.

But if you have less than 7 days to serve or file your documents or to confirm your court date, then Saturdays, Sundays, and holidays when court offices are closed are not counted.

Counting time or days is important because court staff won’t accept your documents if you have not followed the rules.

Anchor Hash Name:

counttime

Serve your documents

<a href="http://www.ontario.ca/laws/regulation/990114" target="_blank">Rule 6: Service of documents</a> tells you how to serve your partner and any other people or agencies you have to serve.
Documents can be served in 2 ways – by special service or by regular service. The <a href="http://www.ontario.ca/laws/regulation/990114" target="_blank">Family Law Rules</a> tell you which way you have to serve your documents at each step in the court process.
You can usually serve your partner yourself, or get a family member or friend who is at least 18 years old or a professional [glossary:3263]process server[/glossary] to do it for you.
Special service
To serve your documents by special service means you, a family member or friend who is at least 18 years old or a professional [glossary:3263]process server[/glossary] must do one of the following:
<ul>
<li>
give a copy to your partner directly</li>
<li>
leave a copy with your partner’s lawyer</li>
<li>
mail a copy to your partner, but your partner must send back a special form to confirm they received the document</li>
<li>
leave a copy in an envelope addressed to your partner at your partner’s home with any adult living with your partner, and then mail a copy of the documents to that address within one day</li></ul>
Special service is usually used for documents that start the case or documents that could lead to the person being served going to jail.
Regular Service
To serve your documents by regular service means you, a family member or friend who is at least 18 years old or a professional process server, must do one of the following:
<ul>
<li>
mail a copy to your partner or their lawyer</li>
<li>
courier a copy to your partner or their lawyer</li>
<li>
fax a copy to your partner or their lawyer</li>
<li>
serve a copy by special service</li>
</ul>
The following documents can only be served by [glossary:3236]special service[/glossary]:
<ul>
<li>
an Application</li>
<li>
a motion to change</li>
<li>
a summons to witness</li>
<li>a notice of contempt motion</li>
<li>
a notice of motion or notice of default hearing where the person to be served faces a possibility of jail</li>
</ul>
6B: Affidavit of Service
After your documents are served, you, or whoever served the documents, must fill out <a href="http://www.ontariocourtforms.on.ca/forms/family/06b/FLR-06B-Mar15-a.pdf" target="_blank">Form 6B: Affidavit of Service</a>. This can be done at the court counter, with the help of the [glossary:3215]court clerk[/glossary].
Form 6B asks for:
<ul>
<li>
the name of the person who served the documents</li>
<li>
the name of the person or agency that was served</li>
<li>
when the documents were served (day, month, and year)</li>
<li>
where the documents were served (the complete address)</li>
<li>
what documents were served (Application, Answer, Reply, notice of motion)</li>
<li>
how the documents were served (in person, at place of residence, by regular mail, courier, or fax)</li>
</ul>
You must swear or affirm that the information in your form is true before you sign it. You do this in front of a notary public or commissioner for taking affidavits. This person also signs and dates the form.
You can be charged with committing a crime if you don't tell the truth.
You can find a commissioner at any family court and they will sign your form for free. You can also find them at certain ServiceOntario centres. Other people can also do this, for example, a lawyer, notary public, judge, or paralegal. But they may charge you a fee.

Form 6B proves that your partner got a copy of your documents and knows that they have to respond to them.
More information on serving documents can be found in the Ministry of Attorney General’s <a href="http://www.attorneygeneral.jus.gov.on.ca/english/family/guides/fc/2010_f... target="_blank">A Guide to Family Procedures, Part 6: Serving Documents</a>.
Safety issues
If you fear for your safety or the safety of any friend or family member when serving documents, you can ask the court staff to arrange for your documents to be served.

Anchor Hash Name:

serveyourdocuments

Update your continuing record

<a href="http://www.ontario.ca/laws/regulation/990114" target="_blank">Rule 9: Continuing Record</a> tells you what a continuing record is and what documents you put into it.
The continuing record has every document you and your partner want the court to look at. It is kept in the court file at the courthouse.
The continuing record has 2 parts:
1. The endorsement volume has all the [glossary:3221]endorsements[/glossary] and [glossary:3215]court orders[/glossary] a judge makes in your case.
2. The documents volume has all the documents filed in your case by you and your partner. This includes Applications, Answers, Replies, affidavits of service, financial statements, motions, affidavits, and trial management conference briefs. It does not include the case conference brief or the settlement conference brief.
If you're the applicant, you start the continuing record and keep adding your documents to it. If you don’t have a lawyer, court staff can help you start it and help you add your documents to it.
If you're the respondent you add your documents to the continuing record your partner started. If you don’t have a lawyer, court staff can help you add your documents to it.
When you add a document to the continuing record, you also have to update the table of contents by listing each document you’re filing.
Make sure you keep a copy of every document you and your partner fill out. This allows you to keep track of your case yourself. You won’t have to go to the court to ask the [glossary:3262]court clerk[/glossary] to get your court file if you need to check something.
More information on the continuing record can be found in the Ministry of Attorney General’s <a href="http://www.attorneygeneral.jus.gov.on.ca/english/family/guides/fc/2010_f... target="_blank">A Guide to Family Procedures, Part 5: Filing Documents</a>.

Anchor Hash Name:

updateyourcontinuingrecord

Update your financial statements

<a href="http://www.ontario.ca/laws/regulation/990114"target="_blank">Rule 13: Financial disclosure</a> tells you what a financial statement is, when you need one, and how to fill it out.

If your financial statement is more than 30 days old at the time you have to file or serve it at any stage in the court process, you have to fill out, [glossary:3247]serve[/glossary], and [glossary:3250]file[/glossary] one of the following:
<ul><li>A new <a href="http://www.ontariocourtforms.on.ca/forms/family/13/FLR-13-Jan15.pdf"targ... 13: Financial Statement</a> or <a href="http://www.ontariocourtforms.on.ca/forms/family/13.1/FLR-13-1-Jan15.pdf"... 13.1: Financial Statement</a>, if there has been a major change to your financial situation.</li>
<li>A <a href="http://www.ontariocourtforms.on.ca/forms/family/14a/FLR_14A_Sept105_ODA.... 14A: Affidavit</a>, if there is no change or only minor changes to the last financial statement you filed. You must include details on all the changes</li></ul>

You also have to fill out <a href="http://www.ontariocourtforms.on.ca/forms/family/13a/FLR-13A-EN-aug15-fil... 13A: Certificate of Financial Disclosure</a>. In it you list all the documents that prove why you’re asking for child support, spousal support, or to divide property. You must attach copies of all these documents.

For example, you can include copies of your pay stubs, recent tax returns, and notices of assessment. If you don’t have a copy of your notices of assessment, you can get a copy of your income and deductions statement from Canada Revenue Agency by calling 1-800-959-8281.

Anchor Hash Name:

updateyourfinancialstatements

Next step:

Go to your trial management conference

Previous step:

Go to your settlement conference

July 2018

Zoom

Search form

Prepare for your trial management conference

Fill out your forms

Serve and file your forms

Confirm your court date

Related information

I'm looking for information on:

submenu

All taxonomy terms:

All taxonomy terms: Can an H&C applicant make a refugee claim?

All taxonomy terms: Is it possible to make an H&C application and a refugee claim at the same time?

All taxonomy terms: What are some of the differences between an H&C application and a refugee claim?

All taxonomy terms: What happens after an H&C application is made?

All taxonomy terms: Other evidence of an H&C applicant's situation

All taxonomy terms: Reports and records

All taxonomy terms: Letters

All taxonomy terms: What kind of evidence supports an H&C application?

All taxonomy terms: How does an H&C applicant show they are settled in Canada?

All taxonomy terms: What does "best interests of a child" mean?

All taxonomy terms: Humanitarian and compassionate reasons

All taxonomy terms: Who decides H&C applications?

All taxonomy terms: What if an applicant is not entitled to an automatic stay of removal?

All taxonomy terms: Will an applicant be allowed to stay in Canada until the Federal Court decides the case?

All taxonomy terms: What happens if an applicant is successful in Federal Court?

All taxonomy terms: What is the difference between a judicial review and an appeal?

All taxonomy terms: What if an applicant has missed a time limit?

All taxonomy terms: What are the time limits for filing a leave application in the Federal Court?

All taxonomy terms: How does someone apply to the Federal Court for judicial review?

All taxonomy terms: Challenging a decision in Federal Court

All taxonomy terms: What does the Refugee Appeal Division do in deciding an appeal?

All taxonomy terms: What is the process if the Minister is appealing the decision?

All taxonomy terms: What happens if a claimant misses a time limit?

All taxonomy terms: Can a claimant who is appealing submit new evidence?

All taxonomy terms: The steps in the appeal process when the claimant is appealing

All taxonomy terms: What happens in an appeal and who participates?

All taxonomy terms: About the appeal process

All taxonomy terms: What happens at the end of the hearing?

All taxonomy terms: Answering questions at the hearing

All taxonomy terms: What if the claimant does not speak English or French?

All taxonomy terms: Who will be at the hearing?

All taxonomy terms: What documents should the claimant bring to the hearing?

All taxonomy terms: What if the claimant's lawyer cannot attend on the hearing date?

All taxonomy terms: Can the hearing date be changed?

All taxonomy terms: When does the hearing take place?

All taxonomy terms: Gathering documents

All taxonomy terms: Deadlines for filing documents

All taxonomy terms: Making applications before the hearing date

All taxonomy terms: What if the claimant's documents are not in English or French?

All taxonomy terms: What if the claimant has witnesses who can support the case?

All taxonomy terms: Forms

All taxonomy terms: Fees

All taxonomy terms: Timelines

All taxonomy terms: Making changes after the application is submitted

All taxonomy terms: Sending in the application and waiting

All taxonomy terms: Inadmissibility

All taxonomy terms: Proof of identity

All taxonomy terms: Help to cover the costs of bringing family members to Canada

All taxonomy terms: Listing and including family members in the application

All taxonomy terms: Applying for OHIP

All taxonomy terms: What is a refugee protection hearing?

All taxonomy terms: How does a claimant amend or change the form?

All taxonomy terms: What documents need to be attached to the form?

All taxonomy terms: About the claimant's and interpreter's declarations

All taxonomy terms: Tips – PREVIOUS PROTECTION CLAIMS section

All taxonomy terms: Tips -- YOUR FAMILY section

All taxonomy terms: Tips -- WHY YOU ARE CLAIMING REFUGEE PROTECTION section

All taxonomy terms: Tips -- WHO YOU ARE section

All taxonomy terms: Getting ready: Preparing to fill out the form

All taxonomy terms: When and how does a claimant file the form?

All taxonomy terms: Does every claimant have to complete the form?

All taxonomy terms: What is the Basis of Claim Form?

All taxonomy terms: Requirement to report

All taxonomy terms: No right to a travel document

All taxonomy terms: Longer wait to apply for resident status

All taxonomy terms: No appeal to the Refugee Appeal Division

All taxonomy terms: Being detained as a designated foreign national

All taxonomy terms: What is an 'irregular arrival'?

All taxonomy terms: Restrictions on right to a work permit

All taxonomy terms: Less time to prepare for the hearing