So you’ve filed originating pleadings in the BC Supreme Court, now what? A Judicial Case Conference is often the next step in a BC family law action. A Judicial Case Conference is a 90-minute meeting between the parties, their lawyers (if they have any), and a justice or associate judge. This meeting takes place at the courthouse.
The Judicial Case Conference is mandatory, unless the parties are otherwise relieved from the program. The requirements of a Judicial Case Conference are set out in Rule 7-1 of the Supreme Court Family Rules (“SCFR”). It is important to note that, unless the court otherwise orders, all parties and their lawyers (if they have any) must attend the Judicial Case Conference (SCFR Rule 7-1(13)). If a party fails to attend the Judicial Case Conference, the court may proceed in their absence. The court may even order that the party who failed to appear pay costs to the other party (SCFR Rule 7-1(16)). For these reasons, it is extremely important to attend a scheduled Judicial Case Conference.
It is important to note that the Judicial Case Conference is a confidential meeting between the parties. This means that what is said at the Judicial Case Conference, stays at the Judicial Case Conference. Statements made by the parties cannot be used later in court as evidence. This includes admissions, settlement offers or proposals during the conference. The confidentiality of the Judicial Case Conference promotes honest and open discussion between the parties, without fear that these discussions will hinder their case in the future.
How do I book and attend the Judicial Case Conference?
A Judicial Case Conference is scheduled through the court registry where your pleadings were filed. You can book the Judicial Case Conference by contacting the court scheduling directly by phone or by using the online scheduling system available through a Court Services Online (CSO) account.
Once mutually available dates have been agreed upon and scheduled through court scheduling, one of the parties is required to file a Notice of Judicial Case Conference in Form F19. This will need to be filed and served on all parties at least 30 days before the date for the Judicial Case Conference (SCFR Rule 7-1(8)).
What is the purpose of the Judicial Case Conference?
This first meeting has an important purpose in the family action. It assists the parties in identifying the issues in dispute, any areas of agreement, and helps create a roadmap for the next steps in the litigation.
At its simplest form, its purpose can be described as twofold:
1. To facilitate settlement negotiations: The Judicial Case Conference (JCC) is intended to support settlement discussions by providing an opportunity for the parties to meet and speak openly about the issues. Because the process is confidential, parties may feel more comfortable discussing and resolving aspects of the case. For example, while property matters may remain in dispute, the parties might still reach agreement on interim parenting arrangements. The presiding justice of associate judge will facilitate these settlement discussions after hearing from both sides. It is important to note, however, that the presiding justice or associate judge cannot make any substantial orders without both parties’ agreement. Nevertheless, the presiding justice or associate judge can provide their non-binding opinion on issues (Rule 7-1(15)(o)). At the very least, the Judicial Case Conference can identify and clarify what the issues are (Rule 7-1(15)(a)).
2. To create a procedural roadmap: Though the presiding justice or associate judge cannot make substantial orders without both parties’ consent, they can make procedural orders without the parties’ consent. These procedural matters are listed under SCFR Rule 7-1(15), which include but are not limited to, the following:
a. Making orders respecting discovery of documents (Rule 7-1(15)(i));
b. Making orders respecting amendment of pleadings (Rule 7-1(15)(g));
c. Making orders respecting examinations for discovery (Rule 7-1(15)(j));
d. Making orders respecting applications (Rule 7-1(15)(k));
e. Scheduling a trial (Rule 7-1(15)(l)); and
f. Making any procedural order or giving any direction that the court considers will further the object of these Supreme Court Family Rules (Rule 7-1(15)(s)).
As a result, the Judicial Case Conference helps the parties save time, stress and legal expenses.
How should you best prepare for a Judicial Case Conference?
In order to organize your thoughts and ensure a productive Judicial Case Conference, it is important to plan ahead. Your preparation should include reviewing the pleadings (Notice of Family Claim, Response to Family Claim, Counterclaim, Response to Counterclaim, and Financial Statements) as well as any other material exchanged prior to the Judicial Case Conference.
The planning process may include preparing a Judicial Case Conference brief setting out some background information, including any of the following, that may be applicable in your case:
• Date of cohabitation/marriage;
• Date of separation;
• The parties’ age, occupation and known income;
• The names and ages of any children of the marriage;
• A list of family property and excluded assets; and
• The position you are seeking with respect to the issues in dispute.
Though a brief is not required, it may be helpful in setting out some key information for the presider. If you are preparing a brief, you should bring at least three copies to the Judicial Case Conference. One for yourself, one for the other party and one for the presiding justice or associate judge.
Depending on the nature of your case, you may be required to serve your Form 8 Financial Statement on the other party in advance of the Judicial Case Conference. If you are the party who requested the Judicial Case Conference, you are required to serve your F8 Financial Statement at least 30 days before the scheduled Judicial Case Conference (SCFR Rule 7-1(8)) and you must file it at least 7 days before the Judicial Case Conference (SCFR Rule 7-1(10)). All other parties are required to file and serve their Form 8 Financial Statement at least 7 days before the Judicial Case Conference (SCFR Rule 7-1(11)).
For further information, refer to Rule 7-1 of the Supreme Court Family Rules as well as the Practice Direction FPD-12. The court has also helpfully put together a “Litigants’ Guide to Judicial Case Conferences” which is a good read.
Why should you speak to a family lawyer prior to a Judicial Case Conference?
It is highly beneficial to consult with a family lawyer before your Judicial Case Conference. A family lawyer can provide tailored advice and guidance to help you prepare effectively and understand the legal landscape. The benefits of speaking to and hiring a lawyer before the Judicial Case Conference include:
• Clarifying legal issues and explaining your rights and obligations under family law;
• Developing a negotiation strategy and identifying priorities for settlement;
• Determining the necessary steps to facilitate a resolution, such as:
- whether a property appraisal or business valuation is needed;
- what document disclosure to request;
- whether a section 211 report is appropriate for family matters;
• Providing procedural guidance to ensure a realistic timeline is put in place for the matter to proceed; and
• Advising you of your legal obligations, while also advocating for your legal rights.
Further, if you retain a family lawyer to attend the Judicial Case Conference with you, you will have the benefit of legal expertise and strategic advice before the JCC, and effective communication and negotiation skills at the Judicial Case Conference. This in turn will reduce your emotional stress and provide for a smoother process.
At Icon Law Group, our family lawyers are here to support you. We can guide you through the Judicial Case Conference process, advocate on your behalf, and help preserve your rights while working toward a resolution that supports your future.