How to prepare for a settlement conference: the checklist

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 goals are to settle the case, or to make the trial shorter and clearer.

The court sets the conference within 90 days after the defendant files the first Defence. The clerk sends you the notice and a blank Form 13A. Most settlement conferences happen by video.

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.
3. Serve and file those documents, with your Form 13A witness list, 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.
8. Test your camera and microphone. Join the video call early.

Go to your settlement conference. If you do not, the court can impose sanctions, such as costs. A defendant who misses 2 conferences can have the Defence struck out. The judge can also strike out a claim or a Defence, or dismiss the action, with written reasons.

What the judge does

The judge hears both sides in plain language. The judge can recommend a settlement number. The judge can narrow the issues for trial. The judge cannot force a settlement. The matters you discuss at the conference are confidential until the case ends, unless all parties consent. A different judge runs the trial.

After the conference

If the case settles, write the terms before you leave the call. If it does not settle, file a Request to Clerk (Form 9B). The trial-date fee is $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.
• 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.

Free tools

• Check if your claim is worth it: /check
• Write a demand letter: /demand-letter
• Fill in your court forms: /build/7a
• Calculate your deadlines: /calculators/deadlines