A Case Conference in Manitoba’s Court of King’s Bench is a confidential, mandatory meeting with a judge designed to help you settle your family dispute. It is not a trial. The judge will give their honest opinion on your case, but cannot make a final order without the consent of both parties.
When separating couples in Manitoba cannot resolve their issues through mediation or private negotiation, their matter enters the public justice system at the Court of King’s Bench. However, going to court does not mean you immediately go to a dramatic trial. The court process is actually designed to give families multiple opportunities to settle before a trial ever happens.
One of the most important steps in this process is the Case Conference (often associated with the Triage phase in Winnipeg). This is a private, relatively informal meeting between the parties, their lawyers, and a family court judge. Its purpose is to narrow down the issues-such as spousal support or parenting time-and explore whether a settlement is possible. Understanding how to prepare for this conference is vital to saving money and achieving a favourable outcome.
Step-by-Step Process in Manitoba
In Manitoba, family law rules require strict adherence to procedural steps to ensure that neither party is hiding financial information and that the judge has enough context to help facilitate a settlement. Here is how the process generally unfolds.
Step 1: Completing Mandatory Prerequisites
Before you can even schedule a Case Conference, the initial court documents (the Petition and the Answer) must be filed and served. In Manitoba, both parties must also complete full financial disclosure, exchanging tax returns and pay stubs. Furthermore, you may be required to attend the mandatory “For the Sake of the Children” parenting program if your case involves decision-making responsibility for minors. 📚
Step 2: Preparing the Triage Brief
A few weeks before your scheduled triage conference, your law firm will prepare and file a comprehensive Triage Brief (Form 70D.4). This document provides the judge with a roadmap of your dispute, and it is subsequently used (or updated as an updated Triage Brief) if you proceed to a Case Conference. It outlines the background of the relationship, highlights the specific issues still in dispute, and presents your proposed solutions. A well-drafted brief is critical because it forms the judge’s first impression of your reasonableness.
Step 3: Attending the Court Hearing
On the day of the conference, you and your lawyer will meet with the judge in a private courtroom or conference room. The atmosphere is less formal than a trial. You will not testify on a witness stand, and nobody is cross-examined. Instead, the judge will read both Triage Briefs, ask the lawyers probing questions, and actively discuss the strengths and weaknesses of each side’s arguments. 🗣️
Step 4: Receiving the Judge’s Recommendations
The most valuable part of a Case Conference is hearing the judge’s opinion. While they cannot force a final decision on disputed facts, an experienced family judge will often tell you plainly how a trial might end based on Manitoba law. This “reality check” is incredibly persuasive and often motivates stubborn parties to compromise and settle the matter right then and there.
Step 5: Drafting a Consent Order
If you and your ex-partner reach an agreement during the conference, your lawyers will draft a “Consent Order.” The judge can sign this document immediately, making your agreement legally binding and enforceable. If you only resolve some issues, those are put into an order, and the judge will give procedural directions (such as ordering further financial appraisals) for the remaining unresolved issues.
How Much Does it Cost in Manitoba?
While the Case Conference is designed to save you from the cost of a full trial, preparing for it is still a significant legal undertaking. Here are the expected costs in CAD:
- Court Filing Fees: Opening a family file (such as filing a Petition or Petition for Divorce) requires a mandatory $200 CAD court filing fee. Additionally, when requesting a triage conference, you must pay a $50 CAD fee to submit your Request for Triage Conference (Form 70D.2). There is no extra filing fee to submit the Triage Brief (Form 70D.4) itself.
- Lawyer Fees (Preparation): Reviewing the opposing side’s disclosure and drafting a compelling Brief takes time. Expect your lawyer to bill between $1,500 and $3,500 CAD for preparation.
- Lawyer Fees (Attendance): Most family lawyers charge $300 to $600 CAD per hour. Attending the actual conference, including travel and waiting time at the courthouse, usually adds another $1,000 to $2,000 CAD to your bill.
How Long Does the Process Take?
Once requested, it typically takes 1 to 3 months to get a scheduled date for a Case Conference, depending on judicial availability at your local courthouse. The actual conference itself is usually scheduled for 1 to 2 hours. If the matter is highly complex, the judge may order a follow-up conference for a later date. ⏱️
Frequently Asked Questions (FAQ)
Do I have to speak at the Case Conference?
Generally, your lawyer will do the majority of the speaking on your behalf. However, the judge may address you directly to ask a clarifying question or to gauge your willingness to compromise. You should answer honestly and respectfully.
What should I wear to court?
Even though it is less formal than a trial, you are still appearing before a judge in the Court of King’s Bench. You should wear clean, conservative, business-casual attire to show respect for the court process.
Are the discussions at the conference confidential?
Yes. The discussions are strictly “without prejudice.” This means that any settlement offers or compromises discussed during the conference cannot be used against you as evidence if the case eventually goes to a final trial.
Can the judge make a final decision if we disagree?
No. At a Case Conference, a judge cannot make a final order on contested substantive issues (like who gets the house) without your consent. They can, however, make procedural orders, like setting a timetable for the rest of the lawsuit.
Will the same judge handle our trial?
Yes, usually. Under Manitoba’s “One Judge Model” introduced with the family division case flow reforms, the same judge who conducts your Triage Conference and Case Conference will generally preside over your trial or final hearing. This ensures consistency, limits litigation abuse, and ensures the judge is already intimately familiar with the history of your case.
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