REQUESTS FOR DOCUMENTS
10. (1) A party may, in writing, request another party to produce without delay any relevant document that is in the party’s possession or control.
(2) The request shall be addressed and delivered to the party or, where the Grievance Board requires that the request be served, served within the period determined by the Board. It shall also be filed with the Board.
(3) In the case of a request for information, each item of information that is requested shall be numbered consecutively.
11. (1) A party who receives a request shall
(a) deliver a copy of the document to the other party and file a copy with the Grievance Board; and
(b) in the case of a request for information, provide a full and adequate reply on a separate page for each item of the request.
(2) A party who does not comply with subrule (1) shall, within a period that the Grievance Board establishes,
(a) set out the grounds for non-compliance;
(b) produce a statement that describes any other document that would be of assistance to the party who made the request; and
(c) deliver a copy of the grounds and, if applicable, the statement to the other party and file a copy with the Grievance Board.
(3) A party who has made a request and who has not received the document or a full and adequate reply may, by motion, request the Grievance Board to order the production of the document.
12. (1) Where a party does not comply with subrule 11(1) or (2), the party may not put the document in evidence at a hearing unless the Grievance Board determines that, in the interests of justice and to provide for as informal and expeditious a hearing as possible, those subrules need not be complied with.
(2) Where a party does not comply with subrule 11(1) or (2), the party who made the request for the document may introduce secondary evidence of the content of the document where authorized to do so by the Grievance Board in the interests of justice and to provide for as informal and expeditious a hearing as possible.
STAY OF PROCEEDINGS
13. Where a party has not complied with these Rules or any direction of the Grievance Board, the Grievance Board may stay the proceedings until the Rules or direction have been complied with or take such other steps as the Grievance Board considers fair and reasonable.
QUESTIONS TO BE DETERMINED
14. (1) A question of jurisdiction or procedure may be determined at any time during the proceedings and the Grievance Board may decide not to continue with the proceedings until after the question is determined.
(2) At any stage of the proceedings, the Grievance Board may, in accordance with the Federal Courts Act, refer any question of law, jurisdiction or procedure to the Federal Court for a hearing and determination and the Grievance Board may, pending the final determination of the question, order the whole or part of the proceedings to be stayed.
- SOR/2008-137, s. 3.
- Date modified: