Fast track or Change the Process

Information Sheet GA 16

This information sheet gives you information you need to apply to fast track or change the process.

This information sheet tells you:


Usual steps in the process

The usual process for a complaint includes these steps:

The Tribunal sets dates for these steps. The dates can depend on:

  • When the Tribunal has time for a mediation or hearing
  • When the participants have time for a mediation or hearing
  • The Tribunal’s Rules set deadlines for:
    • the respondent to file a response
    • the parties to share information
    • the respondent to apply to dismiss a complaint

Reasons to fast track or change the process

A participant may want the process to be faster than usual. Usually, this is because the situation is urgent.

Examples:

  • The respondent evicted the complainant. The complainant doesn’t want to move out.
  • The complaint is about a child’s education. The parent says they need a solution soon.
  • The respondent’s main witness is moving out of Canada. The respondent wants the hearing before they move.

A participant may want the process to be different.

Example:
A participant is Indigenous. They want to use an Indigenous method to resolve the problem.

Legal test to fast track or change the process

You must show that fast tracking or changing the process will help get to a “just and timely resolution” of the complaint.

The Tribunal will consider the effect on the process and the outcome.

  • How will it affect the time to solve the complaint?
  • How much would it cost the other side?
  • Would it affect a participant’s ability to present their side?
  • Would it affect a participant’s chance to have a say about something important? For example, something that could affect the outcome of the complaint.

Information to include when you apply

  • The reason for the request
  • The changes you want to the usual process and timelines
  • How the changes meet the legal test