Emergency Pause on New Applications to Dismiss

This practice direction is an interim emergency measure to address the significantly increased workload at the Tribunal, including the large number of outstanding applications to dismiss complaints made under s. 27 of the Code.

Application to Dismiss Process Suspended

The Tribunal will not accept applications to dismiss made under s. 27 of the Code for filing in any case unless the Tribunal has already notified the parties by letter of the deadline to file an application to dismiss.

For the cases affected by this direction, the deadline to file an application to dismiss a complaint set in rule 19(2)-(4) of the Tribunal’s Rules of Practice and Procedure is suspended.

Alternative Interim Process

When a Respondent files a response to complaint, the Tribunal will set dates for the disclosure of documents.

For these cases, the Tribunal may modify the deadlines for disclosure in rule 20(2)-(3) of the Tribunal’s Rules of Practice and Procedure.

After the parties complete disclosure of documents, the Tribunal will schedule a case conference with the parties to discuss next steps.

Effective period of Practice Direction

This practice direction is effective immediately and will remain in effect until further notice.

Given the recent significant increase in case volume and the resulting backlog, the Tribunal is beginning a review of its process, including seeking public input, and expects to replace this practice direction in early 2022.

Emily Ohler
Chair
November 8, 2021