What Is a Judicial Case Conference (JCC) in BC?
By SiLaw Group Family Lawyers · 5 min read
Author: SiLaw Group Family Lawyers
Published: Jan 22, 2023
Updated: Feb 13, 2023
Reading time: 3 min read
A judicial case conference (JCC) is a meeting held in the Supreme Court of British Columbia between the parties involved in a family law case, their lawyers and a judge. It is typically held early in the court process, before a trial or hearing, and can be an effective way to resolve disputes without the need for a full trial.
The purpose of a JCC is to help resolve disputes and move the case forward in a more efficient and timely manner. During a JCC, the judge will meet with the parties and their lawyers to discuss the issues in the case, review any evidence that has been presented, and explore potential solutions or settlement options. The judge will also provide guidance on how to proceed with the case and set deadlines for any further steps that need to be taken.
One of the key benefits of JCCs is that they allow the parties to have direct communication with the judge and receive guidance on how to proceed with the case. This can help to narrow the issues in dispute and potentially avoid the need for a full trial. Additionally, JCCs can save time and money for all parties involved by resolving disputes more efficiently.
Is a JCC Mandatory in BC Supreme Court Family Cases?
Yes, in most cases. Under Rule 7-1 of the Supreme Court Family Rules, unless a judicial case conference has been conducted, a party generally must not serve a notice of application or a supporting affidavit on another party. Certain applications are exempt — including consent orders and applications made without notice — and the court can also relieve a party from the requirement, for example where holding a JCC first would be premature, impracticable or a danger to a party's health or safety. If family violence is a factor in your case, raise it with your lawyer and the court; our guide to family protection orders in BC explains the protections available.
What Do I Need to File Before My JCC?
If financial issues such as support or property division are in dispute, you must complete a Form F8 financial statement and attach the required income documents. Rule 7-1 sets two different clocks, and which one applies to you depends on whether you asked for the JCC:
- If you requested the JCC, you must serve the Form F8 and income documents on every other party at least 30 days before the JCC date (Rule 7-1(8)), and file the original at least 7 days before it (Rule 7-1(10)).
- If you were served with a notice of judicial case conference, you must both serve and file your Form F8 and income documents at least 7 days before the JCC (Rule 7-1(11)).
Do not assume the 7-day figure covers you: a party who requests a JCC and serves their Form F8 seven days out is 23 days late. See Rule 5-1 (Financial Disclosure) of the Supreme Court Family Rules and the Form F8 financial statement on the BC government court forms page.
What Orders Can a Judge Make at a JCC?
During a Judicial Case Conference (JCC) in family law in the Supreme Court of British Columbia, a judge can make a variety of different types of orders, such as:
Interim Orders made by consent between the parties: These are temporary orders that are put in place while the case is ongoing. They can include orders for parenting arrangements and parenting time, child support, spousal support, or exclusive possession of a family home.
Case Management Orders: These orders are designed to help manage the case and move it forward. They can include deadlines for the filing of documents, dates for future court appearances, or other procedural requirements.
Disclosure Orders: These orders require one or both parties to disclose certain information or documents to the other party. This can include financial documents, such as tax returns or bank statements, or other relevant information.
Settlement Conferences: These are meetings that are held to try to resolve the dispute through negotiation and mediation. The judge will facilitate the process and try to help the parties reach an agreement.
Trial Management Orders: These orders are made in preparation for a trial, including scheduling, deadlines for the exchange of evidence, and other requirements.
Final Orders: These are permanent orders that are made at the end of the case. They can include orders for parenting arrangements, child support, spousal support, and division of property. At a JCC, a final order on the substance of the case can only be made with the consent of both parties.
In addition to the above, if agreed by the parties by consent, the judge may also order a views of the child report, a section 211 report or a psychological assessment, or a social worker or other professional's report, to help evaluate the best interests of the children in the case.
It is important to note that the judge's authority to make these orders is limited to either consent orders between the parties or ordering procedural orders to facilitate the litigation process and take you on the next steps.
Interim orders made at a JCC are usually not final and can be modified in the future. For more on how support claims covering past periods are handled, see our post on retroactive child support.
Conclusion
Overall, judicial case conferences are an important tool in the Supreme Court of British Columbia for resolving disputes and moving cases forward in a timely and efficient manner.
They provide an opportunity for the parties to have direct communication with the judge and receive guidance on how to proceed with the case, which can help to narrow the issues in dispute and potentially avoid the need for a full trial.
If you have a judicial case conference coming up and want to make sure you are well prepared, reach out to one of our Surrey family law trial lawyers at SiLaw Group Family Lawyers and we can assist you.
About SiLaw Group
SiLaw Group Family Lawyers & Mediators is a Surrey, BC firm practising family law and mediation. Founder Sandy Sihota is an accredited Family Law Mediator, Arbitrator and Parenting Coordinator (Law Society of BC). Articles are legal information, not legal advice.