Inventory of Reforms

Yukon Case Management Conference (Rule 36)

Description	Rule of Court establishing mandatory case management conference process in Yukon.
Status	Permanent Implementation
Jurisdiction	Yukon
Court	Supreme Court of Yukon
Subjects	case conferences mandatory programs rules of court Supreme Court of Yukon
Timeline
15 September 2008	Rule 36 came into force

Publications
Rule 36, Case Management Conference Rules of Court for the Supreme Court of Yukon. (http://www.yukoncourts.ca/pdf/Rule_36_CASE_MANAGEMENT_CONFERENCE_.pdf)
Development
Rule 36, Case Management Conference, came into force on September 15, 2008 as part of the reform of the Rules of Court for the Supreme Court of Yukon.
Purpose
The purpose of Rule 36 is facilitating the consideration of matters that may aid in the disposition of the action or the attainment of justice.
Description of reforms
Rule 36 requires that a case management conference must be scheduled no later than 60 days from the filing of an originating process (or earlier if so requested by a litigant or ordered by a judge), except for family law proceedings, estate matters, collections, foreclosures and adoptions. The purpose of the case management conference, attended by the lawyers for the parties, or the parties themselves, is to consider: simplification of the issues, necessity or desirability of amendments to pleadings, possibility of obtaining admissions which might facilitate the trial or hearing, use of a court-appointed expert or the directions for a jointly-instructed expert, directions for the conduct of the proceeding, questions of liability, damages and any other relief claimed, requirement for and length of examinations for discovery, production of documents, electronic discovery and electronic trial, fixing a date for the trial or hearing, and any other matters that may aid in the disposition of the action or the attainment of justice. (r.36(4)) Following a case management conference, the judge may make a number of orders and directions, including among others that: pleadings be amended or closed within a fixed time a party file and deliver, within a fixed time, an affidavit of documents applications be brought within a fixed time or on a specified date, statement of agreed facts be filed within a fixed time or by a specified date, all procedures for discovery be conducted in accordance with a schedule and plan that the court directs, and the plan may set limitations on those discovery procedures, a party deliver a written summary of the proposed evidence of a witness within a fixed time or by a specified date, the parties attend an alternative dispute resolution process or a judicial settlement conference, a court appointed expert under Rule 33, or a jointly-instructed expert, be appointed, experts who have been retained by the parties confer, on a without prejudice basis, and determine those matters on which they agree and identify those matters on which they do not agree, each party disclose the witnesses to be called, the length of time for examination and cross-examination and notify the judge of any preliminary or in-trial applications that may be required. trial or hearing be set on a particular date, settlement offers be exchanged trial or hearing be adjourned and a new date be set (r.36(6))
Related reforms
See also Rules of Court for the Supreme Court of Yukon
Revision History
This summary was created on 2009-06-24 It was last reviewed to ensure currency on 2009-06-24

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If you have updates, changes, or additional information regarding this reform, please contact our Librarian, Brad Albrecht, at balbrecht@cfcj-fcjc.org.

URL

http://cfcj-fcjc.org/inventory/reform.php?id=114

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