• What is a JCC?
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      What is a Judicial Case Conference, and how can I prepare for it?

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        Sarah MillerLawyer

          A Judicial Case Conference (“JCC”) is an informal meeting with a judge or master, in which the parties and their lawyers (if applicable) can discuss ways to resolve some or all of the parties’ issues. JCCs are usually 1.5 hours long, but a JCC may be as short as 30 minutes and as long as the judge or master is available.

          Parties are generally required to attend a JCC before filing any court applications unless the court grants permission to file an urgent application prior to attending a JCC. A JCC is not required if you need to file an application for the following orders:

          (a) an order restraining the disposition of any property at issue under section 91 of the Family Law Act;
          (b) an order under section 32 or 39 of the Family Homes on Reserves and Matrimonial Interests or Rights Act (Canada) or a First Nation’s law made under that Act with respect to an equivalent matter;
          (c) a consent order;
          (d) an order without notice;
          (e) an order to change, suspend or terminate a final order;
          (f) an order to set aside or replace the whole or any part of an agreement; or
          (g) an order to change or set aside the determination of a parenting coordinator.

          JCCs are private, confidential and “without prejudice.” This means that anything said in a JCC cannot be used against the parties in court.

          Parties generally cannot bring any third parties, such as a friend or family member, unless the other party consents and/or the judge grants permission.

          A JCC is an excellent opportunity for parties to appear before a judge without the cost and risk of litigation. Parties are encouraged to prepare JCC Briefs for the judge, but JCC Briefs are not mandatory, and they are not filed or kept in your court file. A JCC Brief should include basic information about the parties; relevant background information; a list of the issues; and a list of the orders sought at the JCC.

          Judges can’t make substantive orders at a JCC unless both parties consent. For example, unless both parties consent, a judge cannot order anyone to pay child support or spousal support; leave a family residence; or refrain from contacting the other spouse.

          However, the judge or master can make procedural orders without the consent of one or more parties. For example, a judge could order a party to provide the other party with a sworn financial statement, bank statements, or order the parties to set trial dates.

          For more information, see the “Litigants’ Guide to Judicial Case Conferences” on the BC Supreme Court of BC’s website.

           

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