Guides · reviewed 2026-09-04

What happens at a settlement conference, and how to prepare

Legal information, not legal advice. Results depend on the facts of your case.

Legal information, not legal advice. This guide and our free tools give legal information. They do not give advice about your case. A licensed lawyer can give legal advice.

The answer

A settlement conference is a meeting with a judge in every defended case. The conference has 5 purposes. It narrows the issues, moves the case along, encourages settlement, helps trial preparation, and makes each side disclose its evidence.

The court sets the conference within 90 days after the first Defence is filed. The clerk sends you the notice and a blank Form 13A. Settlement conferences are held by video unless the court says otherwise. There is no conference if the Defence admits the whole claim and proposes payment terms.

What to do

  1. Read the notice. Note the date, the time, and how you will connect.
  2. Gather every document you rely on for trial, including any expert report.
  3. Serve and file those documents, with your Form 13A list of witnesses and other persons with knowledge, at least 14 days before.
  4. Prepare a 2-minute summary: what happened, what you claim, and your proof.
  5. Know your numbers: the amount, the interest, and your court fees so far.
  6. Decide your settlement range before the day.
  7. Think about an Offer to Settle (Form 14A). Serve it on the other party; do not file it. Read: the Offer to Settle.
  8. If someone else must approve a settlement, arrange phone access to that person for the whole conference.
  9. Test your camera and microphone. Join early.

Go to your settlement conference. If you do not, the court can order costs against you and set another conference. A defendant who misses both can have the Defence struck and lose by default. The court can also order costs against a party who comes unprepared, or who did not file the 14-day material.

What the judge does

The judge hears both sides and can recommend how to simplify the case, drop weak claims, or admit facts without proof. The judge can make orders: add or remove parties, order documents, change the place of trial, order costs, or dismiss the case with written reasons. The judge cannot force a settlement. What you say at the conference stays confidential until the case ends, unless all parties consent (Form 13B). The conference judge does not preside at the trial. If the amount is under the appeal limit and all parties sign a consent (Form 13B), the judge can give final judgment at the conference.

After the conference

If the case settles, write the terms before you leave the call. Form 14D can record them. If it does not settle, the clerk gives a notice: a party must request a trial date within 30 days. File a Request to Clerk (Form 9B) and pay the trial-date fee: $308, or $403 for a frequent claimant. The court can also order a trial management conference.

Deadlines and fees

  • Settlement conference: within 90 days after the first Defence.
  • Documents and Form 13A: serve and file at least 14 days before.
  • The conference has no court fee. Costs of a conference are capped at $100, unless special circumstances.
  • Trial date after the conference: $308, or $403 for a frequent claimant.
  • Offer to Settle: serve it at least 7 days before the trial for the costs effect.

Common mistakes

  • Do not serve your documents late. The 14-day rule applies, and costs can follow.
  • Do not skip the witness list. File Form 13A with your documents.
  • Do not skip the offer. An offer can increase the costs the court awards you.
  • Do not come without numbers. Know the amount, the interest, and your fees.
  • Do not decide your lowest acceptable number in the meeting. Decide it before.

When to get a lawyer

Get legal advice if the other side has a representative, or the case has hard legal issues. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

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