A party can ask for case management as soon as the application is filed or at a later time.
You can ask for case management by sending a letter to the registry. You need to send a copy of the letter to the other party or parties as well. The letter:
- should include a request that it be brought to the attention of the Chief Justice
- states the reasons the party or parties want case management
- outlines how they want the case to go forward
If all parties agree, case management will be provided. If only one party wants it, that party must show that it will provide a just, faster and less expensive way to resolve the case. The court can also order it if the case has not moved to trial within 6 months.
Case management can be a conference where the parties meet with a judge, or the case management judge can make orders based just on the written material filed by the parties. Case management deals with:
- scheduling other steps in the case
- possible use of dispute resolution through things like mediation or a pre-hearing conference
- document management
- scheduling the hearing
- where the hearing will be held including if it should be held within the Indigenous community
- hearing schedule
- any special Indigenous ceremonies
- cultural orientation opportunities