Practice Direction 2016-01: Procedure for dealing with post-hearing documents

Date Issued: September 12, 2016


This practice direction applies when:

  1. a party wishes to file post-hearing documents; and
  2. a member of the Appeal Division must determine whether to admit the post-hearing documents.


The purpose of this practice direction is to set out the procedure for dealing with post-hearing documents. 


As a general rule, the Appeal Division does not consider new evidence.

At times, parties to a proceeding file documents with the Tribunal after a hearing, but before a member renders a decision. There are various reasons for this. For example:

The courts have held that the duty of a tribunal to provide procedural fairness does not end with the conclusion of a hearing. If, before the issuance of the decision, the Tribunal receives a request to file post-hearing documents, that request must be placed before the member for his or her consideration.

Procedure for filing post-hearing documents

  1. 1) Making a request to file post-hearing documents

A party may request to file documents after the conclusion of a hearing pursuant to section 4 of the Regulations. In making such a request, the party should include a copy of the documents and indicate:

  1. 2) Responding to a request to file post-hearing documents

When a party requests to file post-hearing documents, the member will:

If the member decides to admit post-hearing documents, the member will:

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