Steps in a Court Case

By Victoria Starr | August 2010

Case Conferences

The purposes of a case conference include:

  • exploring the chances of settling the case;
  • identifying the issues that are in dispute and those that are not in dispute;
  • exploring ways to resolve the issues that are in dispute;
  • ensuring disclosure of the relevant evidence;
  • noting admissions that may simplify the case;
  • setting the date for the next step in the case;
  • if possible, having the parties agree to a specific timetable for the steps to be taken in the case before it comes to trial;
  • organizing a settlement conference, or holding one if appropriate; and
  • giving directions with respect to any intended motion, including the preparation of a specific timetable for the exchange of material for the motion and ordering the filing of summaries of argument, if appropriate.

Settlement Conferences

The purposes of a settlement conference include:

  • exploring the chances of settling the case;
  • settling or narrowing the issues in dispute;
  • ensuring disclosure of the relevant evidence;
  • noting admissions that may simplify the case;
  • if possible, obtaining a view of how the court might decide the case;
  • considering any other matter that may help in a quick and just conclusion of the case;
  • if the case is not settled, identifying the witnesses and other evidence to be presented at trial, estimating the time needed for trial and scheduling the case for trial; and
  • organizing a trial management conference, or holding one if appropriate.

Trial Management Conference

The purposes of a trial management conference include:

  • exploring the chances of settling the case;
  • arranging to receive evidence by a written report, an agreed statement of facts, an affidavit or another method if appropriate;
  • deciding how the trial will proceed;
  • ensuring that the parties know what witnesses will testify and what other evidence will be presented at trial;
  • estimating the time needed for trial; and
  • setting the trial date, if this has not already been done.

You can have more than one case, settlement, or trial management conference.

Offers to Settle

A party who makes an offer is, unless the court orders otherwise, entitled to costs to the date the offer was served and full recovery of costs from that date, if the following conditions are met:

  • If the offer relates to a motion, it is made at least one day before the motion date.
  • If the offer relates to a trial or the hearing of a step other than a motion, it is made at least seven days before the trial or hearing date.
  • The offer does not expire and is not withdrawn before the hearing starts.
  • The offer is not accepted.
  • The party who made the offer obtains an order that is as favourable as or more favourable than the offer.