Earl Cherniak, Q.C. was interviewed about the Ontario Bar Association's task force right to suggest pre-trial conference changes.
Earl believes that the Ontario Bar Association task force is right to suggest splitting the pre-trial conference into a settlement discussion or a focused trial management process.
In its first report, the Ontario Bar Association's task force on judicial dispute resolution recommends separating the judicial settlement facilitation process from the pre-trial component under the Rules of Civil Procedure.
“Two completely different functions ought not to be done by the same person….The trial judge or arbitrator cannot be involved in mediation or settlement negotiation . . . but has an obligation to do what he or she can to effect an efficient trial….” says Cherniak.