The Tribunal’s Rules require the parties to exchange witness lists, information about the remedy sought, and documents that may be relevant to the complaint, response to complaint, or remedy sought. The requirements are described in Information Sheet P6 – Disclosure Requirements.
The Rules set time limits for disclosure of documents, witness lists, and information about the remedy sought. The parties may agree to extend the time for disclosure, or they may agree that only certain documents need to be exchanged. If the parties do not agree, a party must apply to extend the time for disclosure or to limit the documents that must be disclosed.
To extend the time to disclose documents or to limit the documents you must apply using a General Application. Your application must show that:
It is fair and reasonable in the circumstances.
The Tribunal will consider the reasons for the request, and the fairness to both parties if the time is extended or the disclosure requirements are limited. Examples:
The Rules require disclosure of all documents that may be relevant to a complaint before a respondent applies to dismiss a complaint. This is meant to ensure fairness to the parties, so that they have all documents that may help them make or respond to an application to dismiss a complaint.
It may be fair and reasonable to extend the disclosure requirement until after the application to dismiss is decided, if none of the documents could help with the application, as this could save the parties the time and expense of document disclosure.
For example, the only basis for a dismissal application is that the facts alleged in the complaint could not be discrimination, or that the complaint was appropriately resolved in another proceeding
In this situation, the respondent may ask the complainant to agree to extend the parties’ dates for exchanging documents. If the complainant does not agree, the respondent can apply to suspend disclosure until after the dismissal application is decided.
If the disclosure requirements would result in disclosure of a very large number of documents, a party may want to limit the documents that need to be disclosed.
For example, a party may apply to limit disclosure to documents relate to certain facts in the complaint or response to complaint that the parties disagree about.