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

Date Issued: September 12, 2016

Application

This practice direction applies when:

  1. a party wishes to file post-hearing documents; and
  2. a member of the General Division, Income Security Section must determine whether to admit the post-hearing documents.

Purpose

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

Background

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.

Section 27 of the Social Security Tribunal Regulations (Regulations) sets out timelines for parties to file additional documents before a hearing. Parties are expected to file all documents prior to such timelines. However, the Regulations do not preclude a member from accepting new evidence after such timelines.

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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