Case Management

What is a Case Management Conference (CMC)?

A Case Management Conference (CMC) is a videoconference meeting between the parties and a Tribunal adjudicator, known as the CMC Chair. The primary purpose of a CMC is to help ensure the proceeding moves forward in an efficient and organized way.

During the CMC, you and College counsel will meet with the CMC Chair, who will lead the discussion. The CMC is an opportunity to:

• explore whether any or all issues can be agreed upon before the hearing;
• learn about the hearing process, including steps each party must take, and key timelines;
• address potential hearing issues, such as the number of anticipated witnesses and how long the hearing is expected to take;
• address practical and procedural matters; and
• schedule hearing dates.

The CMC Chair will answer your questions and may offer a candid and independent view of how a hearing panel might approach certain issues. This can help narrow the issues or bring the parties closer to resolution.

CMCs are closed to the public and typically take place several times before the hearing.

Scheduling the First CMC

The Tribunal’s introductory email includes the date and time of the first CMC, which will be held by videoconference on Zoom and is scheduled for one hour. If you are unavailable at the scheduled time or would like to request an earlier date, you must consult with the other party and contact the Tribunal within one week of receiving the introduction letter. You will be asked to provide at least two alternate dates and times that both parties are available and that are no later than 14 days after the original date. Prompt scheduling is important to keep the process moving forward.

Preparing for Your First CMC

Before the first CMC, both parties must submit a Case Management Conference memo. The College must file its memo 20 days before the CMC. You must file yours 10 days before the CMC. Use Form 9 to complete your CMC memo. It should include:

• A summary of your case and legal position;
• A list of any expected witnesses, including experts;
• Any pre-hearing motions you intend to bring; and
• Your position on settlement.

Don’t worry if you are unable to answer every question in the memo. You can leave those parts blank, and the issues can be discussed during the CMC.

Confidentiality and CMCs

Discussions during CMCs about the strengths and weaknesses of the case, as well as any potential resolutions, are confidential and without prejudice. (See Rule 9.3.1) This means that these discussions cannot be raised in the hearing or shared with others unless all parties agree or disclosure is legally required. 

Also, unless the parties agree, a CMC chair who has been involved in discussions of the strengths and weaknesses of the parties’ evidence and arguments, or of possible resolutions, will not be a member of the panel for the hearing. (See Rule 9.2.4)