When is a Trial Management Conference required?
Rule 14-3 requires a TMC if the court orders one or, unless the court otherwise orders, in specified situations including trials with more than 15 days reserved, where a party is or may be self-represented at trial, where a party requests a TMC by requisition at least 42 days before trial, and certain Divorce Act proceedings involving French or bilingual evidence/submissions.
When does the TMC occur?
Unless the court orders otherwise, it must take place at least 28 days before the scheduled trial date.
Form F45 trial brief deadlines
Under Rule 14-2.1, if no different TMC-related deadline applies, the claimant generally files and serves Form F45 at least 56 days before trial, while other parties do so at least 49 days before trial. The claimant may file an amended brief at least 42 days before trial.
If a TMC is scheduled, the current 2025 amendments provide different timing unless the court orders otherwise: the claimant generally files/serves the F45 at least 28 days before the TMC, and other parties at least 21 days before the TMC.
What goes in Form F45?
The current trial brief addresses disputed issues and positions, witnesses and estimated evidence time, expert evidence, evidentiary or procedural issues, trial-time estimates and other matters needed to make the trial manageable.
What can happen at the TMC?
The judge or associate judge can make case-management and trial-preparation orders within Rule 14-3. Orders made at a TMC use Form F51.2. The purpose is to make sure the case is actually ready for the scheduled trial and to address problems before trial time is wasted.
Cost planning
Trial preparation is typically one of the most expensive phases of litigation. A realistic F45 can expose avoidable witnesses, unnecessary issues and time-estimate problems early enough to reduce cost. Leaving trial organization until the final weeks can be much more expensive.