Practice Direction 2016-01: Procedure for dealing with post-hearing documents
Date Issued: September 12, 2016
This practice direction applies when:
- a party wishes to file post-hearing documents; and
- a member of the General Division, Employment Insurance Section 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.
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:
- a member will ask the parties, during or after a hearing, to send additional documents;
- during the hearing, a party will ask the member if he or she can send additional documents after the hearing, and the member will agree as long as the documents are sent by a certain date; and
- a party sends additional documents on their own initiative.
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) 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:
- how each document is relevant to the issue(s) before the member deciding the appeal; and
- why each document was not provided within the timeframes provided before the hearing.
- 2) Responding to a request to file post-hearing documents
When a party requests to file post-hearing documents, the member will:
- consider whether to admit the post-hearing documents without asking the parties for their submissions; or
- ask the parties to explain why the post-hearing documents should or should not be admitted.
If the member decides to admit post-hearing documents, the member will:
- re-open the hearing;
- give the other party an opportunity to respond by way of written submissions; or
- render a decision.
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