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.

Read the Rules

Rule 5-4 Amendment of Pleadings

Need Legal Help?

LIVEMon - Fri
11 AM - 2 PM
call-jesCall or Text Free