Rule 39(7) Standard Track Case in the Superior Court of Justice
Overview of the Process
The process begins with a meeting with the potential client.
At this point, the following decision points should be considered:
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Representing the client’s expectations
Limitation Periods
How to proceed
Preliminary Assessment of the Case
Decision points in dispute
Research of Law
Theory of the Case
The next step is to gather information, and disclosure documents from the client.
At this point, the following decision points should be considered:
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How to proceed
Pros/Cons
Priority of Claims
Depending on how you choose to proceed, one of the following steps may follow:
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An urgent motion, which may in turn lead to court, or
Litigation, followed by the Issuing of a Court Application followed by Service on the Respondent, at which
point either the Respondent meets with lawyer (at which point the process may progress in a specific
manner, refer to Path A below) or the Respondent ignores the process and no answer is filed (at which
point the process may progress in a specific manner, refer to Path B below), or
Negotiation, or
Mediation, or
Private Arbitration
Path A (Respondent meets with lawyer)
In the event that the Respondent meets with a lawyer, the following decision points should be considered:
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Answering the claims
Making a Cross-Claim
Ethical Issues
Strategy
Legal Research
Retainer
After these decision points are given due consideration, then the Respondent files answers and claim. After this,
the next step is to provide and receive disclosure. At this point, the following decision points should be considered:
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Is disclosure adequate?
Bring Motion or Disclosure?
Need experts?
Custody Access Assessment
Appoint Lawyer for Children
Adjust theory of the case
Depending upon the nature of the decision points, the next step may be Form 14B motion for disclosure, or
proceedings may move directly to a Case Conference.
At the time of the Case Conference, the following decision points should be considered:
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Settle some of the issues?
Adequate information?
Need expert advice on some issues?
Keep client advised of costs of fees and disbursements
Next Steps
Consequences of “No Deal”
Depending on the nature of these decision points, a Partial or complete settlement may be reached, followed by
either a Separation Agreement or a Consent Court Order.
If a partial or complete settlement is not reached, then following the Case Conference, the following decision
points must be considered:
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Should motion be brought?
What relief?
Prepare offer to settle motion?
Appointment of experts?
Lawyer for children?
The next step will be a Motion for Interim relief. At this point, the following decision points must be considered:
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How to conduct discovery
Written questions or orally?
Gathering documents/ Requesting documents
Request to admit
The next step is Discovery: Questioning of the parties under oath. At this point, the following decision points must
be considered:
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Offer to settle – on what terms?
Legal and non-legal reasons to settle
Serve notices under Evidence Act
Issue expert reports
Finalize theory of your case
The next step is the Settlement Conference. As with the Case Conference, at this point, the following decision
points must be considered:
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Settle some of the issues?
Adequate information?
Need expert advice on some issues?
Keep client advised of costs of fees and disbursements
Next Steps
Consequences of “No Deal”
Depending on the nature of these decision points, a partial or complete settlement may be reached, followed by
either a Separation Agreement or a Consent Court Order.
If a partial or complete settlement is not reached, then following the Settlement Conference, the following
decision points must be considered:
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Interviewing witnesses in preparation for hearing
Revise offer to settle?
Consider other side’s offer to settle?
Memo of legal issues
Client’s own priorities?
Alternatives to no deal
Efficient ways of reducing trial time
The next step will be a Trial Management Conference. As with the Case Conference, and the Settlement
Conference, at this point, the following decision points must be considered:
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Settle some of the issues?
Adequate information?
Need expert advice on some issues?
Keep client advised of costs of fees and disbursements
Next Steps
Consequences of “No Deal”
Depending on the nature of these decision points, a partial or complete settlement may be reached, followed by
either a Separation Agreement or a Consent Court Order.
If a partial or complete settlement is not reached, then following the Trial Management Conference, the following
decision points must be considered:
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Trial preparation
Meeting with Witnesses
Changing offer to settle
Settlement of some issues
Agreed statements of fact
Opening statement
Expert input re: children
Order of calling of witnesses, etc.
The next step will be a Trial and following the trial, a Final Order.
Path B (Respondent ignores the process and no answer is filed)
In the event that Respondent ignores the process and no answer is filed, then the next step is an uncontested
summary hearing, involving either viva voce evidence or affidavit evidence. This is followed by a Final Order.