Rule 16.1 – Trial Management Conference

Court May Require

16.1.01 (1) At any time after the filing of a request to fix a date for trial, the court may, on its own initiative, direct that a trial management conference be held before a judge. O. Reg. 3/25, s. 15.

Participation

(2) A party and the party’s representative, if any, shall participate in the trial management conference, unless the court directs otherwise. O. Reg. 3/25, s. 15.

Duties of Clerk

(3) The clerk shall fix a time and date for the trial management conference and serve notice of the trial management conference on the parties. O. Reg. 3/25, s. 15.

Failure to Attend

(4) If a party who has received notice of the trial management conference fails to attend the conference, the court may impose appropriate sanctions, by way of costs or otherwise. O. Reg. 3/25, s. 15.

Inadequate Preparation

(5) The court may award costs against a person who attends a trial management conference if, in the opinion of the court, the person is so inadequately prepared as to frustrate the purposes of the conference. O. Reg. 3/25, s. 15.

Purposes of Trial Management Conference

16.1.02 (1) The purposes of a trial management conference are,

(a)  to assess the parties’ readiness for trial;

(b)  to assist the parties in effective preparation for trial;

(c)  to provide full disclosure between the parties of the relevant facts and evidence;

(d)  to resolve or narrow the issues in the action;

(e)  to expedite the disposition of the action;

(f)  to encourage settlement of the action; and

(g)  to set the trial date, if necessary. O. Reg. 3/25, s. 15.

Disclosure

(2) At the trial management conference, the parties and their representatives shall openly and frankly discuss the issues involved in the action. O. Reg. 3/25, s. 15.

Further Disclosure Restricted

(3) Except as otherwise provided or with the consent of the parties (Form 13B), the matters discussed at the trial management conference shall not be disclosed to others until after the action has been disposed of. O. Reg. 3/25, s. 15.

(4) Subrule (3) does not prevent the review, by a regional senior judge or a person designated by a regional senior judge, of an audio recording by the court of a trial management conference, for the purpose of reviewing a complaint made under section 33.1 of the Courts of Justice Act. O. Reg. 3/25, s. 15.

Recommendations to Parties

16.1.03 The court may make recommendations to the parties on any matter relating to the conduct of the action, in order to fulfil the purposes of a trial management conference, including recommendations as to,

(a)  the clarification and simplification of issues in the action;

(b)  the elimination of claims or defences that appear to be unsupported; and

(c)  the admission of facts or documents without further proof. O. Reg. 3/25, s. 15.

Orders at Trial Management Conference

16.1.04 (1) A judge conducting a trial management conference may make any order relating to the conduct of the action that the court could make, including an order,

(a)  respecting the scheduling of the trial;

(b)  directing the production of documents; and

(c)  awarding costs if a party fails to attend the conference, if required to do so. O. Reg. 3/25, s. 15.

Service of Order

(2) Within 10 days after the judge signs an order made at a trial management conference, the clerk shall serve the order on each of the parties in accordance with subrule 8.01 (6). O. Reg. 3/25, s. 15.

Memorandum

16.1.05 (1) At the end of the trial management conference, the judge shall complete a memorandum summarizing the scheduling and trial preparation matters addressed at the conference. O. Reg. 3/25, s. 15.

(2) The memorandum shall be filed with the clerk, who shall give a copy to the trial judge. O. Reg. 3/25, s. 15.

Judge Not to Preside at Trial

16.1.06 A judge who conducts a trial management conference in an action shall not preside at the trial of the action. O. Reg. 3/25, s. 15.

Costs

16.1.07 The costs of a trial management conference, other than disbursements, shall not exceed $100, unless the court orders otherwise because there are special circumstances. O. Reg. 3/25, s. 15.