Can a party to a family law case make a motion for a transcript of the proceeding?

In Children’s Aid Society of Niagara Region v. N. (R.) 2004 CanLII 29209 (ON SC), [2004] O.J. No. 1526, J.W. Quinn J. while noting that there was nothing within Rule 17 that made the case conference immune to a request for the provision of a transcript of the proceeding, held that a party to a family law case was entitled to make a motion for an order for the production of transcripts upon proof of (a) a legitimate need for the transcript and (b) the probative value of the transcript outweighed its possible harm.

The scope of Rule 17 (23) was further considered by J.W. Scott J. in Bordynuik v. Bordynuik (2008) CanLII 39219 (ON S.C.). The court noted that it is common for the parties and the presiding judge to enter into settlement discussions at a case conference, during which judicial opinions or suggestions may be offered. It was noted that to open up what has been discussed at a later time would inhibit and negatively impact on the settlement discussions