Marginal note:Leave required
16. (1) Leave of the Tribunal is required before a motion can be made orally.
Marginal note:Response to oral motion
(2) The Tribunal must provide each party that wishes to respond to an oral motion with an opportunity to do so.
Marginal note:Notice of motion
17. A written motion is made by filing a notice of motion that
(a) sets out the relief requested by the party and the grounds for the motion; and
(b) indicates which other parties, if any, have consented to the relief requested.
18. Within 10 days after the day on which they are served with a notice of motion, a party may file a response that sets out their position regarding the relief sought by the moving party.
Statement of Particulars
Marginal note:Statement for each application
19. A party must file a statement of particulars for each of the following applications made by the Commissioner:
(a) an application for a determination of whether or not a reprisal was taken against the complainant and for an order respecting a remedy under paragraph 20.4(1)(a) or (b) of the Act; and
(b) if the Tribunal has determined that a reprisal was taken against the complainant, an application for an order respecting disciplinary action under paragraph 20.4(1)(b) of the Act.
Marginal note:All parties
20. (1) A statement of particulars must contain the following information and documents:
(a) the party’s position regarding the legal issues raised in the application and regarding the remedy or disciplinary action sought, as the case may be;
(b) the material facts that the party intends to prove in the proceedings;
(c) regarding documents that are relevant to a matter at issue in the proceedings and that are in the party’s power, possession or control,
(i) those documents that the party intends to produce in the proceedings,
(ii) a list and description of the documents for which the party claims privilege, and
(iii) a list and description of the documents that are not otherwise referred to in subparagraphs (i) and (ii);
(d) for each document listed under subparagraph (c)(ii), the grounds for the privilege claimed;
(e) regarding documents that are relevant to a matter at issue in the proceedings and that are no longer in the party’s power, possession or control,
(i) a list and description of the documents, and
(ii) for each document listed, a description of how the party lost power, possession or control of it and, to the best of the party’s knowledge, its current location;
(f) the names of the witnesses, other than expert witnesses, that the party intends to call; and
(g) if the party intends to call an expert witness, a summary of the issues that will be the subject of the witnesses’ testimony.
(2) A statement of particulars filed by the Commissioner must also set out the remedy or disciplinary action requested, as the case may be, and the basis for that request.
(3) A statement of particulars filed by the complainant in relation to an application for remedy may include a request for a remedy that is different than that requested by the Commissioner, and if so, the statement must also include the basis for that request.
Marginal note:Employer or former employer
(4) A statement of particulars filed in relation to an application for remedy by the complainant’s employer or by the person or entity that was the complainant’s employer at the time the alleged reprisal was taken, as the case may be, must — for each material fact raised in the statements of particulars filed by the Commissioner and the complainant — contain a statement indicating whether they admit, deny or have no knowledge of that fact.
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