Case Planning Conference - Plan Order

CPC Case Plan Order

Last Reviewed: March 2023 Reviewed by: JES Download

There are a range of orders a judge may make at a case planning conference, whether or not one of the parties applied for such an order. The types of orders allowed are set out in Rule 5-3. There are a very wide range available, including orders:

Settling a timetable for the steps to be taken
Amending a previous case plan order
Extending or shortening the time to take any steps under the rules
Requiring that pleadings be amended
Respecting all discovery issues (e.g., discovery of documents; examinations for discovery of parties or witnesses; interrogatories)
Respecting third party claims
Respecting witness lists
Respecting experts
Respecting admissions
Respecting offers to settle
Respecting the conduct of any application to court
Requiring attendance at a mediation or other dispute resolution process
Authorizing the parties to separate the issues at trial
Fixing the length of trial
Respecting the place at which any step in the action is conducted

Read the Rules

Rule 5-3 Case Planning Conference Orders

The judge or master will make an order that summarizes the decisions that were made at the Case Planning Conference. The judge cannot make an order at the Case Planning Conference that is in the nature of a final judgment in the case, unless the parties agree or if a party fails to comply with the case planning rules or a Case Planning Conference order.

Either you or the other party will draft the order and file it at the court registry (Form 21). If the judge or master approves the order, it does not need to be approved by the other party.

If you fail to comply with the Case Planning Conference order, you may be liable to pay costs or have your action dismissed (Rule 5-3(6)). You can apply to amend a case plan order under Rule 5-4.