This practice direction applies when the Tribunal notifies respondents of a complaint that names both an institutional respondent and individual employees of that institution.
Under the Tribunal's Rules of Practice and Procedure, a respondent may make only one application to dismiss a complaint absent new information or circumstances (rule 19(1)). A respondent must also comply with disclosure obligations before applying to dismiss a complaint, without leave of the Tribunal (rule 20(5)-(6)).
Under this practice direction, despite rules 19(1) and 20(5)-(6), respondents may apply to dismiss a complaint against individual respondents, before filing a complaint response and fulfilling their disclosure obligations and without preventing a subsequent application to dismiss all or part of the complaint. The application must be limited to dismissing the complaint against individual respondents under:
This practice direction does not permit a second application to dismiss against an individual respondent under ss. 27(1)(b) or (d)(ii), absent new information or circumstances.
November 7, 2019