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Caution:  This page contains GENERAL LEGAL INFORMATION ONLY. 
It is NOT LEGAL ADVICE nor a replacement for talking to a lawyer and getting legal advice about your case.    
The law can be complicated and the details of a case can be even more complicated!  There are exceptions for every rule. 
What you do not know can harm you.  Rely on general legal information AT YOUR OWN RISK.

Early Appearances

 

What is the "First Appearance Court"?
This is only required if the case is in the Ontario Court of Justice.

The Application, Motion to Change, or other documents starting a case will give you the address and the location.

You must talk to a courtroom clerk. (You likely will not end up talking to a judge that day.) The clerk will review the file to ensure the other party has been served, that the Answer (or responding document) has been filed or the time for a response has passed, and the parties are ready to see a judge for a case conference .  A date for the case conference will normally be set in court.  If the matter is not ready for a case conference, the case can be adjourned to another first appearance. 

The clerk will try to address any problems with these steps that exists and might refer the matter to a judge.  This may include:

  • requests for substituted service (a method of service other than personal or an alternative to personal service- see Personal Service article)
  • an uncontested hearing (when the other party has failed to file a response within the required time)
  • permission to bring an urgent motion
  • issues related to jurisdiction

When attending the first appearance court, you should be prepared to negotiate an agreement for a temporary or final order through duty counsel or your own lawyer.  If you cannot make an agreement, try to make arrangements to move the case forward.

If you reach an agreement (in the form of Minutes of Settlement), a judge is usually available to consider it and make an order.

What is a "Case Conference?"
This is a discussion with a judge about:

  • what the issues are
  • what the parties position on the issues are
  • what can be agreed upon, either on a temporary or final basis
  • how to move forward with the matters in dispute
  • what documents or information are needed
  • what steps should be taken and when

The judge may make recommendations and will encourage the parties to agree to reasonable arrangements.  The judge may make procedural orders and, on consent, substantive orders.

How Do You Prepare for Case a Conference?

  • gather your evidence and consider the issues
  • try to negotiate with the other party
  • prepare and serve a Case Conference Brief form , then file it with the court by the deadline (the party requesting the conference must serve  and file seven (7) days ahead of conference and the other party has to serve and file four (4) days ahead of time)
  • prepare and file with the court a Confirmation Form by the deadline (before 2:00 p.m., 2 days before the conference)
  • come willing to talk and make reasonable compromises
  • bring your court documents and any other documents that would assist the court

Remember the caution given at the top of this page.
You may copy this article for personal use only.
To prododuce it for other purposes, the consent of Michaud Family Law is required.

Michaud Family Law     •    416-707-7976    •    2 County Court Blvd., Suite 434, Brampton, Ontario, L6W 3W8

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