Application to Extend the Time to File a Response to a Complaint

Information Sheet GA 3

The Tribunal sets a time limit for filing a response to a complaint.

Request to Case Manager

You can contact the case manager by phone or in writing to request more time. You must advise your case manager of the length of the extension and either:

  • that the other parties agree to the extension, or
  • the reason(s) for the extension.

The Tribunal will extend the time if the other parties consent, and may extend the time for other reasons.

If a hearing date has been set you must apply in writing using a General Application. The Tribunal may also require you to apply using a General Application if you want a lengthy extension or if this is not your first request.

Conditions for an order extending time

If you must apply to file a response after the time limit, you must show:

Extending the time to file the response to complaint would facilitate the just and timely resolution of the complaint.

The Tribunal will consider:

  1. the reasons for your request

    For example, a respondent may need more time to respond due to illness, or a corporate respondent may need time to consult with a person who is on vacation, or a respondent may need more time to investigate if the complaint is complex

  1. whether allowing an extension would be fair

    For example, the Tribunal will consider the length of the extension, and the impact of the extension on the other parties

  1. whether to attach conditions to an order allowing an extension

    For example, the Tribunal may order that the hearing will proceed on dates that have already been set