Information Sheets about General Applications explain what you must show for most common applications to the Tribunal.
This Information Sheets explains what you must show for other general applications.
You must apply using a General Application. Your application must show that:
Granting the order will facilitate the just and timely resolution of the complaint.
For example: Changing the hearing location will facilitate the just and timely resolution of the complaint.
If you think another party’s details of their complaint or response to a complaint are too vague or leave out important facts, such that you cannot properly respond, you may ask the Tribunal for an order directing that party to provide “particulars” or details. Your application should explain why the other party has not given enough facts or details to allow you to understand their position and prepare to respond to it.
The scope of the complaint means what allegations are included. For example, the conduct, dates, and grounds the complaint is about. Usually this is clear from the complaint and the Tribunal’s letter advising that it has accepted all or part of the complaint for filing. If you are uncertain, try to reach agreement with the other parties. If you cannot agree, your application should identify what part of the complaint you want the Tribunal to clarify.
If the Tribunal defers a complaint, it will normally give a time limit for how long the complaint process will be put on hold. If you want the complaint process to restart before that time, you can apply to end the deferral. In your application, explain what has changed since the Tribunal deferred the complaint and why the Tribunal should end the deferral.
For example, if the Tribunal deferred a complaint because of another proceeding, and that process is moving much more slowly than expected, you would explain why it would now be fairer to proceed with the complaint instead of waiting for the other proceeding to finish.
A “will-say” or witness statement is a summary of the evidence that a witness will give at a hearing. It has two purposes: fairness and efficiency. First, if a party understands the other side’s case, it is easier to prepare for the hearing. Second, if the parties can identify areas of testimony they agree about, the hearing will run more smoothly.
A “will-say” statement is only necessary if you do not know what evidence a witness will give. When the parties have exchanged witness lists, they can discuss the need for will-say statements. In an application, you should explain why a will-say statement is necessary for you to understand the other side’s case.
If you want a party to disclose contact information for a potential witnesses, your application should name the potential witness and say why:
The importance of access to potential witnesses must be balanced against the privacy interests of those persons. If necessary, the Tribunal can put restrictions on its order.
For example, it might order that only work contact information be provided, rather than personal cell phone numbers.
Hearings are usually in person. If you want a witness to be allowed to give evidence via video or telephone, your application should include the following information:
Application to change hearing location
Hearings are usually held at the place where the incident giving rise to the complaint occurred. If you want to change the location, you must persuade the Tribunal that, on balance, it is fairer and more convenient to change the location of the hearing.
Information the Tribunal will consider includes:
Usually, witnesses are examined and cross-examined at a hearing. However, in exceptional cases, the Tribunal will allow a party to examine a witness before the hearing. Your application should include the following information:
Usually, when a party requires a medical evaluation, one performed by the party’s own doctor is sufficient. However, there may be situations where the other party disagrees with the assessment or wants more information. The Tribunal may order an independent medical assessment (IMA), but will be reluctant to order one unless the evidence sought is critical to the determination of the complaint, given the coercive nature of a mandatory medical assessment.
Here are some of the factors the Tribunal will consider in deciding whether to order an IMA: