Application to Amend a Response to a Complaint

Information Sheet GA 6

A respondent can amend a response to a complaint by filing a Form 3 amendment and delivering a copy to the other participants.

When is an application necessary?

A respondent must apply using a General Application to amend a response if the hearing date is less than four months away.

The exception is if the Tribunal allows a complainant to amend a complaint within four months of the hearing. In this situation, a respondent has three weeks to file an amendment responding to the amended complaint. (If the respondent does not respond within the time allowed, their response to the complaint is deemed to be their response to the amended complaint.)

Conditions for amending a response to a complaint if the hearing date is less than four months away

You must show:

Amending the response will facilitate the just and timely resolution of the complaint.

To show this, explain in the application:

  • why the amendment is important
  • why you did not amend sooner
  • whether the hearing can proceed on the dates set
  • any other reason showing why allowing the amendment would be fair and would not delay the process too much