Frequently Asked Questions
Some judicial centres in the province have case conferences and some have pre-trial conferences. In the case management system, the case management judge will perform all pre-trial functions. When case management is not available, you will have to schedule a pre-trial before you can set a trial date. A pre-trial conference can be scheduled by a party at any time in the proceedings.
A pre-trial offers the same opportunity as a case conference to discuss settlement. If a settlement can’t be reached the court will make sure that proper steps are taken to get the matter ready for trial. For both case conferences and pre-trial conferences, the judge at the conference will not be the same judge to hear a motion or the trial unless the parties agree.
You can set down a pre-trial conference by asking for a date from the court, filing a Pre-Trial Brief (Form 70S.3), and serving the other party immediately with the Pre-Trial Brief. You must serve this Pre-Trial Brief at least 20 days before the pre-trial conference. The other side must file and serve their Pre-Trial Brief at least 10 days before the pre-trial conference. The court may also start a pre-trial conference at any time and direct the parties to file materials.