News and notices
Survey on Case Path Process and other Process Options
Date posted: March 17, 2025
Survey on Case Path Process and other Process Options
This survey is about the Tribunal’s Case Path Process and other process options. Please participate to help the Tribunal improve its process. The survey has 16 questions and should take 5-20 minutes.
Background
The Case Path Process started in May 2022 as a pilot project. Under the Case Path Process, after the respondent files a response to the complaint, the parties exchange all documents that may be relevant to the complaint or response to the complaint. The Tribunal then decides on one of two “paths” for the complaint:
“Hearing path”: The parties prepare for an oral hearing of the complaint where witnesses give evidence and are cross-examined. The Tribunal makes a final decision about whether the complaint is justified and, if so, orders a remedy.
“Submissions path”: The respondent may apply to dismiss the complaint without a hearing. Most applications are about whether there is no reasonable prospect that the complaint will proceed at a hearing. The Tribunal considers all the material that the parties but does not decide if discrimination occurred. If the Tribunal does not dismiss the complaint, the complaint then proceeds to the hearing path.
A respondent can also ask to file an application to dismiss the complaint using a Form 7.5 – Request to File Dismissal Application.
The Tribunal is seeking feedback on the Case Path Process as well as other process options. Other process options include reverting to the process before the May 2022 start of the Case Path Process, a “simplified hearing” process, and a “summary hearing” process, explained in the survey.