GA16: Fast track or change the process

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Last updated: January 25, 2024

Page contents

• Overview
• Usual steps in the process
• What is fast-tracking or changing the process?
• Reasons to fast track or change the process
• Legal test to fast track or change the process
• Information to include when you apply

Overview

This page gives you information you need to apply to fast track or change the process.

Usual steps in the process

The usual process for a complaint includes these steps:

• The Tribunal reviews the complaint
• The Tribunal tells the respondent about the complaint
• The parties attend a mediation
• The respondent responds to the complaint
• The parties share information – called “disclosure”
• The respondent applies to dismiss the complaint without a hearing
• The parties attend another mediation
• The parties get ready for a hearing

The Tribunal sets dates for these steps. The dates can depend on:

• When the Tribunal has time for a mediation or hearing
• When the participants have time for a mediation or hearing
• The Tribunal’s Rules set deadlines for:
  • the respondent to file a response
  • the parties to share information
  • the respondent to apply to dismiss a complaint

What is fast-tracking or changing the process?

Fast-tracking means to move faster than other complaints.

For example, a complainant may apply to fast-track the process when filing their complaint. The complainant could ask the Tribunal to:

• notify the respondent earlier than under the Tribunal’s regular process, and
• schedule  a mediation with the respondent earlier than under the Tribunal’s regular process.

Any participant may apply to fast-track the process at any other time. For example, the participant could ask the Tribunal to:

• schedule a hearing earlier than under the Tribunal’s regular process.

Changing the process means using a process that is different than the Tribunal’s usual process. For example, a participant could ask the Tribunal to:

• decide the complaint based on affidavits.

Reasons to fast track or change the process

Fast-track the process

A participant may want the process to be faster than usual. Usually, this is because the situation is urgent.
Examples:

• The complainant will lose their remedy. For example:
  • The complaint is about an eviction notice. The complainant will have to move out in 30 days, without a fast solution.
  • The complaint is about a child’s education. The child will not graduate this year, without a fast solution.
• The party may lose the chance to prove their case. For example:
  • The complainant’s illness is worsening. The complainant may not be able to take part in the process if it is too slow.
  • The respondent’s main witness is moving out of Canada. The respondent wants the hearing before they move.

Change the process

A participant may want the process to be different.

Examples:

• A participant says a more just and timely process would be:

• deciding the complaint based on affidavits
• deciding the complaint based on an agreed statement of facts, because the parties do not disagree about the facts.

An Indigenous participant who wants to talk to the Tribunal about including Indigenous protocols in the process, or Indigenous ways to deal with the complaint, can talk to the case manager. They do not need to file an application.

A participant who needs to request an accommodation in the process can talk to the case manager. In most cases, they do not need to file an application.

Legal test to fast track or change the process

For fast-tracking, the Tribunal will consider your reasons for a faster process.

The Tribunal acknowledges delay in its process. Delay affects all parties. If a complaint is not proceeding through the process as quickly as you would expect, this is not a reason for the Tribunal to fast-track the complaint. You must tell us why your situation is urgent.

For example:

• Explain why you may lose a remedy if the process is not faster.
• Explain any harm from delay in the process that is different from the usual stress of delay in the process.

For process changes, the Tribunal will consider the effect on the process and the outcome.

• How will it affect the time to solve the complaint?
• How much would it cost the other side?
• Would it affect a participant’s ability to present their side?
• Would it affect a participant’s chance to have a say about something important? For example, something that could affect the outcome of the complaint.

Information to include when you apply

• The reason for the request
• The changes you want to the usual process and timelines
• How the changes meet the legal test