This Blog was Co-Written by Thuvaaraga Kuganathan

On August 21^st the License Appeals Tribunal (LAT) will be amending their rules to include important changes related document disclosure and the powers of the LAT for failure to comply.  These changes are aimed to assist in facilitating early resolution by requiring the parties to exchange information, including information related to experts, well in advance of the hearing.  The changes also aim to streamline the hearing process. 

There are also very important changes to the Rules related to adjournment requests.  There are now prescribed considerations added for the LAT to consider when deciding to grant an adjournment.  Those factors include:

1. The age of the file;
2. Whether any previous adjournments have been granted and, if so, whether they were granted on a peremptory basis;
3. Prejudice to the parties;
4. Whether the request is on consent;
5. The type of event the adjournment is being requested for;
6. The length of notice that the Tribunal has provided to the parties of the event;
7. The timeliness of the request;
8. Whether the parties were given the opportunity to canvass their availability;
9. The specific reasons for being unable to proceed on the scheduled date;
10. Whether the parties can proceed on an earlier date;
11. Whether the reason for the adjournment was foreseeable and avoidable, and what efforts, if any, were made to avoid the reason for the adjournment;
12. The length of the requested adjournment and whether it would unduly delay the proceedings;
13. Broader institutional and public interests;
14. Legislative requirements;
15. The principles of natural justice and fairness;
16. Operational considerations; and
17. Any other factors considered relevant in deciding the request.

Note that the new Rule 16.4 limits the use of the adjournment request to a “one time only” consideration.  This Rule prohibits any party from making an additional request for the same reasons.  If another request is to be made, it must be with “new and exceptional circumstances” that could not have been known at the time of the original adjournment request.

Other significant considerations with the changes to the Rules relate to Case Conferences.  The LAT now has the power to provide consequences to parties who do not file case conference summaries, including taking the non-compliance consideration into account when making decisions related to Rule 14.1 (orders to be made at case conferences) and orders related to motions for productions under Rule 9.  The LAT is also expressly stating in Rule 20.5 that parties should exchange offers in advance of the Case Conference and to be prepared to discuss settlement at the Case Conference.

There are also specific rules related to representation and withdrawal of representation.  Now if a representative wishes to discontinue representing a party, the representative must take steps to do at least 30 days in advance of an adjudicative event or receive an order from the LAT allowing them to remove themselves if it is within 30 days of the event.

These changes to the Rules provide practitioners clarification on the procedures before the LAT that have historically been unclear in the previous version of the Rules.  

Comparison Chart of Old and New LAT Rules

• For a PDF copy of the chart please click here.

Old Rule: 3.2 Practice Direction

The Tribunal may issue public Practice Directions or similar types of documents to provide further information about the Tribunal’s practices or procedures.

New Rule: 3.2

The Tribunal may vary or waive the application of any Rule or procedure, on its own initiative or at the request of a party, except where to do so is prohibited by legislation.

The Tribunal may make such orders or give such directions in proceedings before it to control its process or to prevent abuse of its process.

The Tribunal may issue Practice Directions or similar types of documents to provide further information about the Tribunal’s practices or procedures.

New Rule: 3.7 Requirement To Attend In-Person Or Electronic Hearing

A party as defined under Rule 2.16 and/or their representative as defined in Rule 2.20 must attend their in-person or electronic hearing before the Tribunal.

If an unforeseen event prevents a party from attending the start of the hearing, the party is responsible for contacting the Tribunal before the scheduled start time on the hearing notice. The party must advise the Tribunal of the nature of the unforeseen event that prevents a party from attending.

New Rule: 3.7.1 Party’s Failure To Attend Start Of Hearing

If a party, who has been given notice of a hearing in accordance with the SPPA, does not attend their in-person or electronic hearing within 30 minutes of the scheduled start time as stated in the hearing notice, the Tribunal may:

1. proceed with the hearing in the absence of that party; and/or
2. make any order it considers appropriate in the circumstances.

In determining whether to proceed with the hearing in the absence of a non-attending party, the Tribunal will consider the reasons for the non-attendance, if any.

New Rule: 3.7.2 Party’s Failure To Attend Hearing In Progress

If, after a hearing has commenced with the parties in attendance, a party is unable to attend part of the hearing, the party must advise the Tribunal of the reasons why they are unable to continue to attend. At the hearing, the Tribunal will consider the reasons for non-attendance, if any, and may:

1. proceed with the hearing in the absence of the party; and/or
2. make any order it considers appropriate in the circumstances

New Rule: 3.7.3 Representative’s Failure To Attend Hearing

If a representative of any party does not attend any part of an in-person or electronic hearing, the Tribunal will consider the reasons for non-attendance, if any, and may:

1. proceed with the hearing without that representative; and/or
2. make any order it considers appropriate in the circumstances.

New Rule: 3.8 Application Of Rule 3

Despite Rule 1.4, this Rule applies to all appeals effective August 21, 2023.

Old Rule: 4.2 Notice Regarding Interpreter

Subject to Rule 20.6, if a party or a witness requires an interpreter in a language other than English or French in order to effectively participate in a proceeding, the party shall notify the Tribunal not less than 14 days before the hearing or case conference, and the Tribunal will either arrange for an interpreter at the expense of the party or approve the use of an interpreter of the party’s choosing.

New Rule: 4.2 Notice Regarding Interpreter

Same as old rule except now subject to Rule 20.7.

Old Rule: 6.7 Representation

A party may be self-represented or may have a representative.

Rule 6.7 has been removed and the rules for representation is now under Rule 24.

Old Rule: 8.1 Issuance Of Summons

The Tribunal may issue a summons on its own initiative or at the request of a party.

New Rule: 8.1 Issuing A Summons

The Tribunal may issue a summons, on its own initiative or at the request of a party, requiring any person as defined in the SPPA, or a party:

1. to give evidence at an electronic or in-person hearing; and/or
2. to produce documents and things specified by the Tribunal at an electronic or in-person hearing.

The Tribunal will only issue a summons for witnesses, documents or things that are relevant to the issues in dispute and admissible at a hearing.

Old Rule: 8.2 Filing Of A Request For Summons

A person requesting a summons must file a Request for Summons with the Tribunal. The Request shall provide a brief explanation of the information the witness is expected to give at the hearing.

New Rule: 8.2 Filing For A Request For Summons

A request for summons must be filed with the Tribunal using the form provided on the Tribunal’s website. The requesting party must demonstrate the relevance of the request to the issues in dispute.

Unless otherwise ordered by the Tribunal, the approved summons must be served on the person summoned no later than 10 days before the hearing. The requesting party must file their request in a timely manner so that the Tribunal can adjudicate and issue the summons in advance of the deadline for service.

The requesting party must serve a copy of the approved summons on the other parties when it is served on the person summoned.

New Rule: Rule 8.4 Application Of Rule 8

Despite Rule 1.4, this Rule applies to any request for summons filed on or after August 21, 2023.

Despite Rule 1.4, this Rule also applies to any summons issued by the Tribunal on its own initiative on or after August 21, 2023.

Old Rule: 9.1 Productions Of Documents – General

The Tribunal may at any stage in a proceeding, including prior to a case conference, order any party to provide such further particulars or disclosure as the Tribunal considers necessary for a full and satisfactory understanding of the issues in the proceeding.

New Rule: 9.1 Document Exchange, Production Orders, Witness Lists & Hearing Briefs – General

The parties shall exchange all documents, witness lists, and anything else they intend to rely on as evidence at the hearing.

The Tribunal may, at any stage in a proceeding, order any party to provide such further particulars, disclosure, and production of documents and things that the Tribunal considers relevant to the issues in dispute in the proceeding.

Old Rule: 9.2 Disclosure Of Documents

A party to a hearing shall, at least 10 days before the hearing, or at any other time ordered by the Tribunal or undertaken by the party:

1. Disclose to the other parties the existence of every document and anything else the party intends to present as evidence at the hearing;
2. Disclose a list of witnesses whom the party may call to give evidence at the hearing and a brief description of each witness’ anticipated testimony; and
3. Serve a copy of the documents, numbered consecutively, on the other parties.

This rule has been removed and Rule 9.2 is now “Production Orders by the Tribunal”

Old Rule: 9.3 Tribunal Order For Disclosure

A party may seek an order from the Tribunal at any stage of the proceeding ordering a party to:

1. Disclose the existence of every document and anything else the party intends to present as evidence at the hearing;
2. Disclose a list of witnesses whom the party may call to give evidence at the hearing and a brief description of each witness’ intended testimony;
3. Serve any other party at least 10 days before the hearing, or as otherwise ordered by the Tribunal, copies of all documents that the party will produce or present as evidence at the hearing;
4. Make available for inspection anything, subject to conditions established by the Tribunal, that the party will present as evidence at the hearing; or
5. Disclose any document or thing the Tribunal considers relevant to the issues in dispute.

New Rule: 9.2 Production Orders By The Tribunal

Before requesting a production order from the Tribunal, a party must make reasonable efforts to obtain the document or thing without a production order.

9.2.1 Orders For Productions Between The Parties

A party may request an order from the Tribunal ordering another party to:

1. Disclose the existence of all documents and things the other party intends to rely on at the hearing;
2. Produce copies of all documents and things that a party intends to rely on at the hearing;
3. Produce a list of witnesses the other party intends to call to give evidence at a hearing;
4. Produce a summary of the evidence that each witness will give at the hearing;
5. Make available for inspection any document or thing, subject to conditions established by the Tribunal, that a party intends to rely on at the hearing; and/or

Disclose or produce any document or thing the Tribunal considers relevant to the issues in dispute in the proceeding.The Tribunal will not make an order for the production of any document or thing that is not relevant to the issues in dispute in the proceeding, or that is unduly repetitious.

9.2.2 Orders for Non-Party Productions

A party seeking production from a non-party may request an order from the Tribunal by filing a notice of motion and serving it on the other parties and the non-party. The notice of motion must provide contact information for the non-party.

The Tribunal may order a non-party to disclose or produce any document or thing that the Tribunal considers relevant to the issues in dispute in the proceeding.

The requesting party must make reasonable efforts to obtain the document or thing without a production order.

Before an order is granted by the Tribunal, the non-party will have an opportunity to make submissions as set out in the notice of motion hearing.

Old Rule: 9.4 Failure To Comply With Disclosure Rules

If a party fails to comply with any Rules, directions or orders with respect to disclosure or inspection of documents or things, or list of witnesses, that party may not rely on the document or thing as evidence, or call the witnesses to give evidence, without the consent of the Tribunal.

New Rule: 9.3 Failure To Comply With The Rules

If a party fails to comply with any Rule, direction or order with respect to disclosure, exchange, production, or inspection of documents or things, that party may not rely on the document or thing as evidence without the permission of the Tribunal.

If a party fails to comply with any Rule, direction or order with respect to the exchange or production of witness lists, the party may not call a witness who is not included on a witness list filed in compliance with the Rules, direction or order to give evidence without the permission of the Tribunal.

Parties will have an opportunity to make submissions before the Tribunal determines:

1. if the documents or things can be used at the hearing;
2. if the witness(es) may testify at the hearing; and/or
3. whether any other order is required.

When making its determination, the Tribunal may consider any relevant factor, including:

1. the reasons for non-compliance;
2. whether a party will be prejudiced by the admission or exclusion of the evidence and the extent to which that prejudice can be mitigated by any other order;
3. the extent to which the substance of the information or testimony lies within the knowledge of the other party;
4. whether the other party opposes the admission of the evidence or testimony; and
5. the relevance of the document, thing, or testimony to an issue in dispute in the proceeding.

New Rule: 9.4 Rules Specific To Aabs Matters

9.4.1 Document Exchange Between the Parties (AABS)

Documents and things exchanged between the parties pursuant to Rules 9.4.1 and 9.4.2 must not be filed with the Tribunal unless a party is ordered to do so.

Document Exchange Before the Case Conference

The requirement for document exchange between the parties begins as soon as the application is filed with the Tribunal.

Rule 20.4 provides that at least 10 days before a scheduled case conference, each party must file a case conference summary in such form as required by the Tribunal. The parties are required to verify in the case conference summary that the documents and things in the party’s possession, which the party intends to rely on at the hearing, have been provided to the other parties.

At the case conference, the Tribunal may make orders for productions pursuant to Rule 14 and set deadlines for any document exchange that has not yet taken place between the parties.

9.4.2 Deadline for Document Exchange (AABS)

If an earlier exchange date has not been ordered by the Tribunal, then by no later than 45 calendar days before the hearing, the parties must exchange:

1. all documents and things the parties intend to rely on as evidence at the hearing; and
2. for electronic and in-person hearings, a list of witnesses each party intends to call to give evidence at the hearing, with a summary of the evidence each witness will give at the hearing.

9.4.3 Filing With The Tribunal – 21 Day Deadline For Electronic And In-Person Hearings (AABS)

No later than 21 days before an electronic or in-person hearing, each party must file with the Tribunal and serve on the other party:

1. a list of witnesses the party will call to give evidence at the hearing;
2. a summary of the evidence each witness will give at the hearing, along with the anticipated amount of time needed for each witness to testify;
3. a PDF copy of the evidence and authority brief containing only the evidence and authorities the party intends to rely on at the hearing, which must be indexed, tabbed and consecutively page numbered; and
4. a completed form for electronic and in-person hearings, if any, that is provided on the Tribunal’s website.

The parties should file a single, joint brief with the Tribunal whenever possible.

9.4.4 Failure To Comply With The 21 Day Deadline (AABS)

The Tribunal considers materials that are filed and served less than 21 days before an electronic or in-person hearing to be filed late.

The Tribunal will consider late filed materials as a preliminary issue at or before the hearing. The parties will have an opportunity to make submissions before the Tribunal determines:

1. if the documents and things can be used at the hearing;
2. if the witness(es) may testify at the hearing; and/or
3. whether the matter requires any other order.

In making this determination, the Tribunal may consider any relevant factor, including the factors set out in Rule 9.3.

Old Rule: 10.3 Expert Witnesses (Disclosure Timelines)

The disclosure required by Rule 10.2 shall be made:

1. By the party who filed the notice of appeal, at least 30 days before the hearing;
2. By any other party at least 20 days before the hearing; or
3. As ordered by the Tribunal.

New Rule: 10.3 Disclosure And Filing Timelines

If not otherwise ordered by the Tribunal, the information required by Rule 10.2 must be:

1. exchanged between the parties at least 45 days before the hearing; and
2. filed with the Tribunal as part of the hearing brief pursuant to Rule 9.

Old Rule: 10.4 Expert Witnesses—Challenges To Qualifications, Reports, Statements

A party intending to challenge an expert’s qualifications, report, or witness statement shall give notice, with reasons, for the challenge to the other parties as soon as possible and no later than 10 days before the hearing and must file a copy with the Tribunal.

New Rule: 10.4 Challenges To Qualifications, Reports, Statements

A party intending to challenge an expert witness’ qualifications, report, or witness statement must:

1. give notice, with reasons for the challenge, to the other parties no later than 21 days before the hearing; and
2. file a copy of the notice with the Tribunal as part of the hearing brief filed by the party pursuant to Rule 9.

New Rule: 10.5 Application Of Rule 10

Despite Rule 1.4, this Rule applies to any appeal commenced on or after August 21, 2023, and to any appeal commenced before August 21, 2023 for which the first notice of case conference is issued on or after August 21, 2023.

Old Rule: 14.2 Scope Of Case Conference Subject Matter

The Tribunal may on its own initiative, or in response to a party’s written request, direct the parties to participate in a case conference to consider:

1. The settlement of any or all of the issues;
2. Facts or evidence that may be agreed upon;
3. The identification, clarification, simplification and narrowing of the issues and whether further particulars are required;
4. The identification of parties and other interested persons, adding parties, and the scope of each party’s or person’s participation at the hearing;
5. Disclosure and the exchange of documents, including witness statements and expert reports;
6. The dates by which any steps in the proceeding are to be taken or begun;
7. The estimated length of the hearing, including setting hearing dates;
8. Requirements for interpreters;
9. French-language or bilingual proceedings;
10. Human Rights Code or accessibility accommodation;
11. Motions, provided parties have complied with the requirements of this Rule and Rule 15, or otherwise on consent of the parties or order of the Tribunal; or
12. Any other matter that may assist in a fair and efficient resolution of the issues in the proceeding.

New Rule: 14.2 Scope Of The Case Conference Subject Matter

The Tribunal may on its own initiative, or in response to a party’s written request, direct the parties to participate in a case conference to consider:

1. The settlement of any or all of the issues;
2. Facts or evidence that may be agreed upon;
3. The identification, clarification, simplification and narrowing of the issues and whether further particulars are required;
4. The identification of parties and other interested persons, adding parties, and the scope of each party’s or person’s participation at the hearing;
5. The inspection and the exchange of documents, including witness statements and expert reports;
6. Requests for production orders;
7. The timeline for steps the parties must take leading up to a hearing;
8. The hearing format and, in the case of in-person and electronic hearings, the estimated length of the hearing;
9. Requirements for interpreters;
10. French-language or bilingual proceedings;
11. Human Rights Codeor accessibility accommodation;
12. Motions; and
13. Any other matter that may assist in a fair and efficient resolution of the issues in the proceeding.

Old Rule: 14.6 Attendance And Authority Of Representatives At Case Conference To Settle Issues

Parties are required to attend the case conference. If a party is unable to attend a case conference, the party must at least 7 days before the scheduled case conference:

1. Advise the tribunal that his or her representative has instructions with respect to the issues and authority to make agreements, including settlement of the case; and
2. Obtain permission from the tribunal to send that representative on the party’s behalf.

New Rule: 14.6 Party Attendance At Case Conferences

A party as defined under Rule 2.16 must attend their case conference.

If an unforeseen event prevents a party from attending the case conference, the party is responsible for contacting the Tribunal before the scheduled start time on the notice of case conference. The party must advise the Tribunal of the nature of the unforeseen event that prevents the party from attending.

If a party who has been given notice does not attend their case conference within 10 minutes of the scheduled start time, the Tribunal will consider the reasons for non-attendance, and may:

1. proceed in the absence of that party; and/or
2. make any order it considers appropriate in the circumstances.

Old Rule: 15.1 Contents Of Motions

A party bringing a motion shall deliver a Notice of Motion setting out:

1. The decision or order that the party is requesting from the Tribunal;
2. The grounds to be argued, including a reference to any statutory or regulatory provision, rule or case law relied on;
3. The evidence in support of the motion; and (d) The proposed format of the motion.

15.2 Service Of Notice Of Motion

A party may have a motion heard at a case conference or hearing, provided the party files the Notice of Motion and all supporting materials with the Tribunal at least 10 days in advance, or in accordance with any other schedule as may be determined by the Tribunal, and serves the Notice and supporting materials on all other parties.

15.3 Service Of Responding Party’s Motion Materials

A responding party shall serve any materials it intends to rely on in response to the motion to all parties and file them, with a Certificate of Service, with the Tribunal at least 5 days before the motion is to be considered.

New Rule: 15.1 Filing A Motion

A party bringing a motion must file with the Tribunal:

1. a notice of motion using the form provided on the Tribunal’s website with the following information:
2. The decision or order that the party is requesting from the Tribunal;
3. The authority being relied upon for the motion, including any statutes, regulations, Rules and authorities;

• The evidence in support of the motion; and

1. The proposed format of the motion hearing.

all supporting submissions, which must not exceed 6 double-spaced pages in length, exclusive of evidence and authorities.

The moving party must serve the notice of motion and all supporting submissions on the other parties before filing with the Tribunal.

Motion hearings may be conducted electronically, in-person, or in writing. The Tribunal will determine the format of the motion hearing.

15.2 Motion Heard At A Scheduled Event

A party may request to have the motion heard at a scheduled adjudicative event.

The Tribunal may order a motion to be heard at a scheduled adjudicative event.

15.3 Responding And Reply Submissions

Before a motion is granted, the Tribunal may provide the responding parties with the opportunity to make submissions. The Tribunal may also provide the moving party with the opportunity to make reply submissions.

Parties must serve responding and reply submissions on the other parties before filing with the Tribunal.

15.4 Attendance At Motion Hearings

A representative may attend a motion hearing on behalf of a party. If attending on behalf of a party, the representative must have instructions on all issues being heard at the motion hearing.

15.5 Application Of Rule 15

Despite Rule 1.4, this Rule applies to any motion filed with the Tribunal on or after August 21, 2023.

Old Rule: 16.1 Requests For Adjournments

A request for an adjournment of a case conference or hearing must be in writing, be served on the other parties, and shall include:

1. The reason for the request;
2. Written agreement to the adjournment from the other parties or their representatives, if given; and
3. At least three alternative dates, within 30 days of the case conference date or hearing date to be adjourned, that are agreeable to all parties.

New Rule: 16.1 Requests For Adjournments

A request for an adjournment of any adjudicative event at the Tribunal, including a case conference, motion hearing, settlement conference, or electronic, in-person, or written hearing must be made using the form for requesting an adjournment on the Tribunal’s website.

The completed form must be served on the other parties prior to being filed with the Tribunal and must include all submissions and evidence in support of the request. Submissions must not exceed 5 double-spaced pages in length and must include:

1. Details of the circumstances giving rise to the request;
2. Other parties’ position on the request, if known;
3. The length of the adjournment being sought; and
4. Whether a prior adjournment request has been denied for this same adjudicative event.

Failure to provide a completed form and supporting submissions and evidence will result in the request not being considered by the Tribunal.

Old Rule: 16.2 Oral Requests For Adjournments

Despite Rule 16.1, a request for an adjournment may be made orally before a Member in exceptional circumstances with the consent of the Tribunal.

New Rule: 16.2 Oral Adjournment Requests

Despite Rule 16.1, a request for an adjournment may be made orally before a Member at the adjudicative event.

Oral requests will only be allowed in compelling circumstances where the party did not and could not have known of the circumstances giving rise to the adjournment request prior to the event.

The Tribunal may also direct that the request for an adjournment be heard at the event.

New Rule – 16.3 Factors To Consider

When considering whether to grant an adjournment request, the Tribunal may consider any of the following factors:

1. The age of the file;
2. Whether any previous adjournments have been granted and, if so, whether they were granted on a peremptory basis;
3. Prejudice to the parties;
4. Whether the request is on consent;
5. The type of event the adjournment is being requested for;
6. The length of notice that the Tribunal has provided to the parties of the event;
7. The timeliness of the request;
8. Whether the parties were given the opportunity to canvass their availability;
9. The specific reasons for being unable to proceed on the scheduled date;
10. Whether the parties can proceed on an earlier date;
11. Whether the reason for the adjournment was foreseeable and avoidable, and what efforts, if any, were made to avoid the reason for the adjournment;
12. The length of the requested adjournment and whether it would unduly delay the proceedings;
13. Broader institutional and public interests;
14. Legislative requirements;
15. The principles of natural justice and fairness;
16. Operational considerations; and
17. Any other factors considered relevant in deciding the request.

New Rule: 16.4 Adjournment Requests Following A Denial

Following the denial of an adjournment request, the Tribunal will not consider any further adjournment requests for the same event that are made for essentially the same reason(s) as the initial request. This prohibition applies to any party to the proceeding.

If there are new and exceptional circumstances, a party can submit a new form for requesting an adjournment with supporting submissions, as set out in Rule 16.1, for the same event.

When applying the “new and exceptional circumstances” standard, the Tribunal will consider “new” to mean that the information was not known, and could not have been known, at the time of the first request, and “exceptional” to mean something extraordinary or beyond the parties’ control.

New Rule: 16.5 Application Of Rule 16

Despite Rule 1.4, this Rule applies to any request for adjournment made orally or filed with the Tribunal on or after August 21, 2023.

Old Rule: 18.1 Request For Reconsideration

The Executive Chair of SLASTO may, upon request of a party or on his or her own initiative reconsider any decision of the Tribunal if the request is made within 21 days of the date of the decision. A request for reconsideration from a party must be served on all other parties and must include:

18. Reasons for the request, specifying applicable criteria under Rule 18.2;
19. Notification if the party is seeking judicial review or pursuing an appeal in relation to the decision; and
20. Remedy or relief sought

The determination of the request for reconsideration shall be heard by written submissions and may be heard by the same Member whose decision is the subject of the request.

New Rule: 18.1 Request For Reconsideration

The Tribunal may reconsider any decision of the Tribunal that finally disposes of an appeal if:

1. The request is made within 21 days of the date of the decision;
2. The request is served on all parties and filed with the Tribunal using the form for reconsideration requests on the Tribunal’s website; and
3. The reconsideration request includes the following:
4. All submissions in support of the request, which must specify the applicable criteria under Rule 18.2. The submissions must not exceed 10 double-spaced pages in length, exclusive of evidence and authorities;
5. Notification if the party is seeking judicial review or pursuing an appeal in relation to the decision; and

• The remedy or relief sought.

The request for reconsideration will be heard by written submissions. It may be heard by the same member whose decision is the subject of the request, or by another member.

Old Rule: 18.4 Outcome Of Reconsideration

Upon reconsidering a decision of the Tribunal, the Tribunal may:

1. Dismiss the request; or
2. After providing responding parties an opportunity to make submissions,
3. Confirm, vary, or cancel the decision or order; or
4. Order a rehearing on all or part of the matter.

If the Tribunal orders a rehearing of the matter, the Tribunal may make any order that it could make following a case conference.

New Rule: 18.4 Outcome Of Reconsideration

Upon reconsidering a decision of the Tribunal, the Tribunal may:

1. Dismiss the request; or
2. After providing responding parties an opportunity to make submissions,
3. Confirm, vary, or cancel the decision or order; or
4. Order a rehearing on all or part of the matter.

If the Tribunal orders a rehearing of the matter, the Tribunal may issue procedural and administrative directions and any such further orders as the Tribunal deems necessary.

New Rule: 18.5 Review On Own Initiative

At the discretion of the Chair or delegate, the Tribunal may, on its own initiative, review any decision of the Tribunal. The Tribunal’s review shall take place within a reasonable time after the decision or order is made.

When conducting a review on its own initiative, the Tribunal shall not make an order under Rule 18.4(b) unless it is satisfied that one or more of the criteria in Rule 18.2 are met. Before making such an order, the Tribunal will provide the parties with an opportunity to make submissions.

Old Rule: 18.5 Application Of Rule 18

Despite Rule 1.4, this Rule applies to any request for reconsideration of a decision or order issued on or after February 7, 2019. Requests for reconsideration of decisions or orders issued before February 7, 2019 will be dealt with in accordance with the Rules existing at the time the decision or order was issued.

New Rule: 18.6 Application Of Rule 18

Despite Rule 1.4, this Rule applies to any request for reconsideration of a decision or order issued on or after August 21, 2023, and any review on the Tribunal’s own initiative of a decision or order issued on or after August 21, 2023.

Old Rule: 20.4 Aabs Case Conference Summary

Each party shall file an AABS Case Conference Summary, in such form as may be required by the Tribunal, with the Tribunal at least 10 days before a scheduled Case Conference.

An AABS Case Conference Summary shall include:

1. A list of key documents in the party’s possession which he or she intends to use in a hearing;
2. Verification that the documents listed in (a) have been disclosed and have been provided to the other parties;
3. A list of key documents that the party intends to seek from other parties pursuant to the disclosure Rules set out at Rule 9;
4. A list of any information the party is seeking from non-parties and requests for issuance of summonses;
5. The party’s preference of hearing type with reasons for the preference;
6. A list of anticipated witnesses, including expert witnesses, that the party intends to call at a hearing in electronic or in-person format and a brief description of each witness’ anticipated testimony;
7. An explanation of the necessity of calling more than two expert witnesses to provide opinion evidence, if a party seeks to call more than two such experts; and
8. Details of the most recent settlement offer that is open for acceptance.

New Rule: 20.4 AABS Case Conference Summary

At least 10 days before a case conference, each party must file a case conference summary in such form as required by the Tribunal. The case conference summary must also be served on the other parties.

The case conference summary shall include:

1. Any preliminary issue(s) the party intends to raise;
2. Any issue(s) the party is seeking to add to the appeal and whether the responding parties agree to add the issue(s);
3. A list of documents and things in the party’s possession which they intend to rely on at the hearing;
4. Verification that the documents and things listed in (c) have been provided to, or made available for inspection by, the other parties;
5. A list of documents and things that a party is seeking from other parties;
6. Any requests for production orders;
7. A list of documents and things the party is seeking from non-parties;
8. The party’s preference of hearing format with reasons for the preference;
9. A list of anticipated witnesses, including expert witnesses, that the party intends to call at an electronic or in-person hearing and a brief description of each witness’ anticipated testimony; and

An explanation of the necessity of calling more than two expert witnesses if a party seeks to call more than two such experts.

If a party does not file a case conference summary in compliance with this Rule, the Tribunal will take into account the party’s non-compliance when:

14. making orders and directions under Rule 14.1; and
15. considering motions for productions under Rule 9 filed by the party after the case conference.

New Rule: 20.5 Settlement At Case Conferences

Parties should exchange settlement offers in advance of the case conference and be prepared to discuss settlement at the case conference.

Written offers for settlement must not be filed with the Tribunal.

Old Rule: 20.5 Combining AABS Claims

Where two or more AABS Claims have been made involving the same parties or the same accident, the Tribunal may:

1. Combine the claims on consent of the parties;
2. Schedule any case conferences to take place simultaneously; or
3. Combine any hearings on consent of the parties.

Now Under Rule 20.6

Old Rule: 20.6 Interpreter To Be Arranged At Tribunal’s Expense

Where a party gives notice pursuant to Rule 4.2 regarding the need for an interpreter, the Tribunal shall arrange for an interpreter at the Tribunal’s expense, despite Rule 4.2.

Now Under Rule 20.7

New Rule: 20.8 Application Of Rule 20

Despite Rule 1.4, this Rule applies to any appeal commenced on or after August 21, 2023, and to any appeal commenced before August 21, 2023 for which the first notice of case conference is issued on or after August 21, 2023.

Old Rule: 23.3 Disclosure Timelines For (Hta) Appeals

Disclosure in appeals respecting the suspension or cancellation of a driver’s licence, as set out in 23.2(a), shall be made:

1. By the appellant at least 10 days prior to the hearing; and
2. By the Registrar of Motor Vehicles or Minister of Transportation at least 10 days prior to the hearing.

Disclosure in the HTA appeal types set out in 23.2 (b), (c) and (d) shall be made:

1. By the appellant at least 10 days prior to the hearing; and
2. By the Registrar of Motor Vehicles or Minister of Transportation at least 5 days prior to the hearing.

New Rule: 23.3 Disclosure Timelines For (Hta) Appeals

Disclosure in appeals respecting the suspension or cancellation of a driver’s licence, as set out in 23.2(a), shall be made:

1. By the appellant at least 10 days prior to the hearing; and
2. By the Registrar of Motor Vehicles or Minister of Transportation at least 10 days prior to the hearing.

Disclosure in the HTA appeal types set out in 23.2 (b), (c) and (d) shall be made:

1. By the appellant at least 10 days prior to the hearing; and
2. By the Registrar of Motor Vehicles or Minister of Transportation at least 5 days prior to the hearing.

For clarity, the timelines in Rules 10.3 and 10.4 do not apply to HTA appeals.

New Rule: 23.4 Application

Despite Rule 1.4, this Rule applies to all appeals effective August 21, 2023.

These Rules Of Representation Do Not Exist Except In Rule 6.7 – See Rule 6.7 Above.

New Rule: Rule 24 Representation – General

This Rule applies to representatives as defined in Rule 2.20.

New Rule: 24.1 Party’s Ability To Have A Representative

A party may be self-represented, or they may have a representative. In keeping with Rule 2.20, representatives are required to be authorized under the Law Society Act to represent a party in the proceeding and they must comply with the Law Society Act, applicable guidelines, and rules of professional conduct.

New Rule: 24.2 Declaration Of Representative Required

If a party wishes to have a representative, the representative must:

1. file with the Tribunal the form for the declaration of a representative provided on the Tribunal’s website, and
2. serve a copy of the form on all other parties.

The Tribunal will not recognize a representative unless a completed form has been filed and served.

If a party wants to change their representative, the new representative must file a form for the declaration of a representative with the Tribunal and serve a copy on all other parties.

New Rule: 24.3 Proceeding Without A Representative

If, after having a representative, a party subsequently chooses to proceed without a representative, they must notify the Tribunal and the other parties in writing. No further steps are required.

New Rule: 24.4 Representative Withdrawal

A representative may remove themselves as a party’s representative by filing a completed form for the removal of a representative with the Tribunal and serving a copy of the form on their client and the other parties. The withdrawing representative must confirm that:

1. the party they were representing has been advised of their withdrawal as representative; and
2. the representative has complied with the Law Society Act and applicable guidelines and codes of conduct when withdrawing as the party’s representative.

No further steps are required if:

1. these requirements are completed 30 or more calendar days before the next adjudicative event, or
2. another representative is taking over as the party’s representative, and the new representative has filed and served a form for the declaration of a representative pursuant to Rule 24.2.

New Rule: 24.5 Withdrawal Less Than 30 Days Before Next Adjudicative Event

If a representative is seeking to remove themselves as a party’s representative less than 30 calendar days before the next adjudicative event, the representative must receive an order from the Tribunal before being removed as the representative unless:

24. the party is choosing to proceed without a representative and has advised the Tribunal pursuant to Rule 24.3; or
25. another representative is taking over as the party’s representative and the new representative has filed and served a form for the declaration of a representative pursuant to Rule 24.2.

If the representative is seeking an order from the Tribunal, they must file with the Tribunal and serve on their client:

1. a completed form for the removal of a representative;
2. a notice of motion; and
3. supporting material.

The representative seeking to withdraw must also serve the form and notice of motion on the other parties. The representative is not required to serve the supporting material on the other parties.

The Tribunal will set the format for hearing the motion.

The Tribunal may hear the motion as a preliminary issue at the start of the next adjudicative event.

If the Tribunal orders an in-person or electronic hearing of the motion, the representative must attend the hearing of the motion.

New Rule: 24.6 Requirements Respecting Privileged, Prejudicial Information

A representative bringing a motion under Rule 24.5 who files materials with the Tribunal that are subject to privilege or that could, if disclosed to another person, be prejudicial to the client, must notify the Tribunal that the materials contain privileged and/or prejudicial information.

The Tribunal may make a confidentiality order for any privileged and/or prejudicial information relating to the request for withdrawal. The order may be made at the request of a party, the withdrawing representative, or on the Tribunal’s own initiative.

The representative must redact or omit the privileged and/or prejudicial information from the notice of motion and from the materials served on a party other than the client pursuant to Rule 24.5.

The Tribunal will use the information contained in the motion and supporting materials solely for the purpose of adjudicating the request for withdrawal.

A member who presides or otherwise takes part in a motion hearing for:

1. the confidentiality order, and/or
2. the removal of representative
3. must not participate at the hearing of the appeal.

New Rule: 24.7 Outcome Of Tribunal Review

Upon review of a request for removal under Rule 24.5, the Tribunal may:

1. allow the request for removal;
2. refuse the request for removal; and/or
3. make any other order the Tribunal considers appropriate in the circumstances.

The Tribunal may consider any relevant factor, including but not limited to:

1. the reason for the request to withdraw;
2. whether the representative confirms they have complied with the Law Society Act and applicable codes of conduct and guidelines;
3. the conduct of the representative leading up to the request, such as whether the representative gave reasonable notice to allow the party to seek other means of representation, or if the representative filed a motion with the Tribunal to withdraw at the earliest possible time;
4. the history of the proceeding, including whether the represented party has repeatedly changed representatives;
5. the impact of the withdrawal on the representative’s client;
6. any resulting prejudice to the other parties, and
7. the impact of the withdrawal on the proceeding and the Tribunal’s ability to fulfill its mandate.

New Rule: 24.8 Requests For Adjournment Due To Withdrawal Of Representative

For clarity, Rule 16 and any related Practice Direction apply to requests for adjournment arising from the withdrawal of a representative

New Rule: 24.9 Application Of Rule 24

Despite Rule 1.4, this Rule applies to all appeals effective August 21, 2023.