Complaint process
Disclosing documents
What is disclosure?
Disclosure means sharing information with the other parties.
Why do I have to disclose?
Disclosure helps both parties prepare their cases. If parties have fully disclosed their positions, documents and witnesses, the process is fair and timely, and no one is taken by surprise.
What do I have to disclose?
- a list of the documents that may be relevant to the complaint, response, and remedy sought (Forms 9.1 and 9.5 if you are the complainant) (Forms 9.2 and 9.7 if you are the respondent)
- a copy of all of the documents unless the document is privileged (protected from being shared)
- a list of the witnesses you will call for the hearing (Form 9.3)
- details of the remedy you want (Form 9.4 if you are the complainant) or a response to the remedy the complainant wants (Form 9.6 if you are the respondent)
- learn more about expert evidence
When do I have to disclose?
You must share documents related to the complaint and response to the complaint after the Complaint Response is filed.
You must share witness lists and information regarding remedy after a hearing is scheduled.
The Tribunal will tell you the dates and will give you forms to help you.
What if I do not disclose as required?
- If you are a complainant, your complaint may not go ahead.
- If you are a respondent, you may not file an application to dismiss a complaint.
- The Tribunal may order you to pay the other side an amount of money for improper conduct.
- At a hearing, you cannot rely on a document you did not disclose or call a witness whose name you did not disclose, without the permission of the Tribunal member.
- At a hearing, the Tribunal may assume that a document you have not disclosed would hurt your case.