The court in this instance was not pleased over being asked to rule on some substantive issues during a case conference, and the judge took the time to remind the profession that civil case conferences are not to be used for:
- obtaining substantive remedies (unless on consent). If substantive relief is being requested, the matter must be scheduled for a hearing (not a conference) to permit the court to decide the substantive issue on evidence and submissions;
- seeking the court’s intervention to ensure civility, reasonable or responsive conduct by opposing counsel. Such conduct is already required by the Rules of Professional Conduct. The court reminded litigants that delay and obstruction is not an acceptable litigation strategy. Motions can be brought, and a party acting unreasonably should expect that costs may be awarded against them on the return of the motion, or at a case conference if appropriate.
Case conferences can help with scheduling matters, especially if there is an urgency for things to be scheduled and timetabled: but substantive matters are not to be dealt with during a case conference.
Davies v. Cossnell, 2022 ONSC 654
https://www.canlii.org/en/on/onsc/doc/2022/2022onsc654/2022onsc654.html