What to expect when you are litigating – the case conference
The Case Conference in a divorce case is usually the first opportunity for parties to hear a Judge’s view of their case. If both parties have lawyers, depending on the judge, a Case Conference may be held in the Judge’s chambers (office) without the parties present. It is then up to the lawyers to convey to their respective clients what was said about the custody, access, equalization and other financial issues being discussed. At times, a judge will then speak directly to the parties in the courtroom.
If the Case Conference is in the Courtroom, the Judge will sit at the front of the room, at a raised desk. In front of him or her are several court staff – the deputy (who escorts the Judge into the courtroom through a special door); the registrar and the court reporter, who records everything that is being said. The recording is not published.
The parties and, if they have one, their lawyers, sit facing the Judge and staff. Usually, the lawyers will make submissions and the parties do not speak; at times, a Judge might ask you a question directly. You should stand to respond unless told otherwise by the Judge. Then the Judge will give his or her views of the case, and make recommendations. Orders can be made on consent at the conference or, if proper notice has been given, the Judge may make an order even if the both sides don’t agree to it. Child support may be ordered even without the consent of both parties depending on the circumstances.
Conferences require Briefs, but these documents (which follow a specific format) are not kept in the court file after the hearing. They are returned to the parties after the conference or shredded. It is essential to prepare detailed and up-to-date Briefs that inform the Judge, and the other side, about the facts you are relying on and what position you are taking on custody, child support, equalization and any other issues involved in your divorce.
A family law case will go through several conferences, usually at least two or three, before being placed on a trial list, to give the parties ample opportunity to resolve the issues on consent.
Written by Simonetta A. Lanzi
Reilly and Partners Personal Injury Law Ajax, ON
Personal injury occurs where you have suffered some form of injury, either physical or psychological, as the result of an accident. When you suffer a serious injury, the impact on your life can be overwhelming. Many difficult decisions have to be made. Many questions will arise. Who will pay for the cost of my therapy? How can I recover these out-of-pocket expenses? What can I do about my loss of income? What compensation am I entitled to?
It is difficult to assess damages in the early stages of a personal injury case. In most circumstances the true cost of an injury is unknown until you have received medical treatment, therapy and rehabilitation. That is why it is important to seek legal representation at the beginning of the process to ensure you are receiving the necessary funding for the treatment required.
There are many factors to consider when assessing the value of a personal injury claim including the nature of your injury, the cause of the injury and the impact that the injury has on your ability to work and on the activities of daily living.
Common damages awarded in a personal injury case can include;
Medical Treatment – The cost of medical care associated with the accident including, reimbursement for expenses for medical treatment you have already received and compensation for the estimated cost of medical care you will require in the future as a result of the accident.
Pain & Suffering – You may be entitled to compensation for pain and suffering you endured, or will continue to endure, as the result of the accident.
Income – You may be entitled to compensation for the accident’s impact on your salary and wages in the past and in the future.
Home Maintenance Services – You may be entitled to compensation for housekeeping and home maintenance services that you are no longer able to perform as a result of your injuries.
Property Loss – If any personal property was damaged as a result of the accident, you may be entitled to reimbursement for repairs or compensation for the fair market value of the property that was lost.
Family Member Claims– Family members may be awarded compensation for their financial losses related to the claim.
Whether you are injured in a slip and fall, an assault or even as a result of a faulty product, Reilly & Partners Professional Corporation has the experience backed by results to help you find the answers. If you have been injured, please contact us for a free consultation to discuss how we might be able to help you.