Trial Management Conferences & Trial Briefs

The trial management conference must take place, unless otherwise ordered, if:

• There are more than 15 days reserved for trial
• If either party is not, or may not, be represented by a lawyer at trial
• The trial will have a jury
• A party requests a TMC by filling a requisition not less than 42 days before the scheduled trial date
• A court orders the parties to attend a TMC

Unless a court otherwise orders, trial management conferences must take place at least 28 days before the scheduled trial date at a time and place fixed by the registrar (Rule 12-2(1.1)).

Who Attends

The parties and their lawyers must attend the conference. If a party is represented by a lawyer, they do not have to attend provided they are readily available for consultation during the conference either in person or by telephone. If you are required to attend but fail to do so, the judge or associate judge may proceed without you, adjourn the conference, or order you to pay costs to another party.

Possible Orders

At the trial management conference, the judge or associate judge may consider and make orders on many issues under Rule 12-2(9), including:

• A plan for how the trial should be conducted
• Amendment of pleadings
• Facts to be admitted at trial
• Documents to be admitted at trial, including agreements as to the purpose for using the documents at trial or preparing a common book of documents;
• Limits on how long witnesses can be examined and cross-examined
• That the evidence of witnesses be presented at trial in affidavit form
• Adjournment of the trial
• That the opening statements and final submissions be presented in writing and
• That the number of days set aside for trial should be changed

At the TMC, the judge or associate judge cannot hear any application where affidavit evidence is required or make a final order in the case unless the parties consent.

The Court tries to make sure that the same judge hearing the trial management conference will hear the trial. This is not always possible so you may have a different judge or associate judge at your trial.

Prepare a Trial Brief

Unless the court otherwise orders, the plaintiff, the party starting the claim, must file a trial brief (Form 41) at least 56 days before the trial date and serve it on the other parties. The other parties must file their own trial brief (Form 41) at least 49 days before the trial date, and serve it on all other parties.

If you do not file a trial brief in time, the judge or associate judge may order costs against you and your trial date may be removed from the trial list causing further delay.

The trial brief summarizes the positions of the parties on unresolved issues, identifies the witnesses who will give evidence at trial, the time required for the witnesses’ testimonies, as well as the expert reports and other documents that will be put into evidence. You must also list the legal authorities that you will be relying on to present your case to the judge.