Complaint process
Make an application or request
Last updated: November 15, 2024
Page contents
- Overview
- Steps to take before you apply
- Deadlines and information needed to make an application
- How to make a general application
- How to apply
- New participants
- Deadline for filing submissions
- Format of submissions and page restrictions
- How to file a submission by email
- How to file a paper copy of a submission
- How to file audio or video evidence
- You must send a copy of your submission to any other party
- What to do if you are having difficulty filing your submission
- What happens after you make an application
- Where you can phone or write your case manager to make a request
Overview
Depending on what you are asking for, you can:
- Ask your case manager.
- Make an application.
An application is a formal request for the Tribunal to do something or to tell someone else to do something. It is made in writing on a Tribunal form.
There are two types of applications. You can
- Apply to dismiss a complaint
- apply for any other order, called a “general application”
Steps to take before you apply
Before you apply:
- Learn more below about deadlines and what information you need to make an application.
- Talk to the other side and find out if they will agree to your request.
Deadlines and information needed to make an application
The following requests require an application. Learn more about deadlines and the information you need to ask the Tribunal to:
- GA1: Limit publication of personal information
- GA2: Put a complaint on hold (defer a complaint)
- GA3: Ask for more time to file a response to complaint
- GA4: Change a complaint to add a new allegation (amend complaint)
- GA5: Add a respondent to a complaint
- GA6: Change a response to complaint (amend response)
- GA7: Join two or more complaints
- GA8: File a further submission on application
- GA9: Order another party to give you documents (disclose documents)
- GA10: Order someone who is not a party to give you documents
- GA11: Delay or limit disclosure
- GA12: Order another party to pay costs because of their improper conduct
- GA13: Take part in a complaint as a non-party (intervene)
- GA14: Cancel a hearing date (adjourn)
- GA15: Reconsider a decision
- GA16: Fast track or change the process
- GA17: Make other general application
How to make a general application
- How to apply
- New participants
- Deadline for filing submissions
- Format of submissions and page restrictions
- How to file a submission by email
- How to file a paper copy of a submission
- How to file audio or video evidence
- You must send a copy of your submission to any other party
- What to do if you are having difficulty filing your submission
How to apply
To apply, complete a Form 7.1 – General Application and send it to the Tribunal’s email or office address
Make sure the other participants have a copy of your application. You can send them a copy to their address for delivery.
New participants
You must:
- complete a Form 7.1 – General Application
- complete a Form 7.3 New Participant Address for Delivery Form, and
- send both documents to the Tribunal’s email or office address.
Deadline for filing submissions
There may be deadlines to file an application.
When a participant files an application, the Tribunal will set deadlines for filing submissions. Materials are due by 4:30 pm on the due date. The Tribunal may reject materials filed after that time. If you need more time, ask the other party to agree and contact the Case Manager about your request.
Format of submissions and page restrictions
A submission has two parts:
1. Argument
Argument contains your arguments about why the Tribunal should allow or deny the application.
An applicant can attach argument to the Form 7.1 – General Application.
A participant responding to an application may submit their argument by letter or create a document called “Response to Application”.
There are page restrictions for argument.
- An applicant’s argument must not exceed 10 pages.
- A response to the application must not exceed 10 pages.
- A reply argument must not exceed 3 pages.
A participant who wants to file a longer argument must first request permission from the tribunal, at least one week before the submission is due.
Argument must be printed clearly or typed in 12-point font with 1.5 line spacing.
If a participant files their argument electronically, it must be in one PDF attachment named “argument”.
2. Evidence
Evidence is the information you rely on to support your argument. Evidence includes:
- An unsworn statement or sworn affidavit
- Documents such as letters, emails, texts, and photos.
There are no page limits on evidence.
If a party files their evidence electronically, it must be in one PDF attachment named “evidence”.
How to file a submission by email
If you email your submission, attach:
- one PDF document called “argument”, and
- one PDF document called “evidence”.
The Tribunal will reject other formats. To request another format, you must contact the case manager before the due date.
The Tribunal will not click on Google doc links, Drop Box links, UPS links, or anonymous Adobe links to access documents.
The Tribunal cannot receive compressed, password protected, or encrypted files, or files with extensions including .gz, .piz, .rar, .7z, .tgz, .xz, .z, .zipx .
How to file a paper copy of a submission
You can file your submission by mail, hand, fax, courier, or process server.
How to file audio or video evidence
If you have audio or video evidence, you may deliver a flash drive to the Tribunal’s office with a letter or document that includes the case name and number, your name, and a list of what the flash drive contains.
You must send a copy of your submission to any other party
You must send a copy of a Form 7.1 – General Application, argument, and evidence to the other party. You can send them a copy to their address for delivery.
For more information, see FAQs about delivering communication to other parties.
What to do if you are having difficulty filing your submission
Call the Case Manager or Indigenous Navigator assigned to the complaint if you are having difficulty filing your submission.
What happens after you make an application
The Tribunal may set a time for a case conference to discuss the request.
The Tribunal may set dates for:
- The other participants to respond,
- The participant who made the request to reply.
Usually, the Tribunal will not allow more “submissions”. A participant must apply to make a “further submission”.
The Tribunal will consider the information provided and tell the participants its decision. Find out when to expect a decision in the Tribunal’s Service Standards.
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Where you can phone or write your case manager to make a request
For the following requests, phone or write to your Case Manager:
- Extend a deadline by up to two months (unless you are told you must apply)
- Schedule a settlement meeting or case conference
- Get an interpreter or other needs for a settlement meeting, case conference or hearing (21 days in advance)
- Get directions about filing a reply to an expert report
For the following requests, write to your Case Manager:
- Update contact information
- Get a certified copy of an order
- Ask for a technical correction to a decision
- Order a witness to attend a hearing (complete Form 8)
- Cancel an order for a witness to attend a hearing