Complaint Response

This practice direction addresses the deadline for filing a complaint response.

Due date for Form 2 – Complaint Response

In the letter notifying the parties that the complaint is proceeding, the Tribunal will set a deadline of eight weeks to file a Form 2 – Complaint Response, whether or not the parties agree to attend a mediation.

The Tribunal has updated the Form 2 – Complaint Response.

Disclosure requirements paused if parties agree to scheduled mediation

Despite Rule 20 of the Tribunal’s Rules of Practice and Procedure, if the respondent agrees to attend mediation, then the parties do not need to disclose documents unless the mediation is cancelled or does not resolve the complaint.

Under the practice direction, Emergency Pause on New Applications to Dismiss, the Tribunal may modify the deadlines for disclosure in rule 20(2)-(3) of the Tribunal’s Rules of Practice and Procedure.

Reason for the change

The Tribunal has a significantly increased workload that has resulted in delays in scheduling mediation. The Tribunal’s process contemplates that parties may take part in an “early mediation” before a respondent responds to a complaint. If the parties do not resolve the complaint, then the respondent must file a response.

Due to current delays in scheduling mediation, a complaint response is not filed for many months after the letter notifying the parties that the complaint is proceeding. As an interim measure, therefore, the Tribunal will set an eight-week deadline to respond to the complaint.

Evaluation

The Tribunal will evaluate the effect of the eight-week deadline for filing a Form 2 – Complaint Response. Specifically, the Tribunal will consider the impact on the mediation process and will  consider feedback from the parties as it reviews its processes.

Emily Ohler
Chair
March 24, 2022