Requests for Additional Filings after the Close of Pleadings
These Guidelines describe responsibilities of a party when requesting that the Canadian Transportation Agency (Agency) accept additional filings after the close of pleadings and the considerations generally taken into account by the Agency in dealing with such requests. The purpose is to ensure effective and timely processing of disputes.
Pursuant to the section 29 of the Canada Transportation Act, the Agency is required to make its decisions as expeditiously as possible. The Agency therefore expects that all parties to a proceeding will adhere to its stated processes and timelines when filing materialNote 1.
In dispute proceedings, the Agency may be asked to determine whether it should accept written submissions, comments, evidence and correspondence (additional filings) after the close of the pleadings process, provided for in the Canadian Transportation Agency General Rules or an Agency opening pleadings letter. The Agency, in accordance with its powers under the Rules, may, in exceptional circumstances, accept such additional filings.
The Agency deals with all requests for additional filings on a case-by-case basis by considering the grounds for the request, the substance of the additional filings and the circumstances of the case as a whole.
It is the responsibility of the party seeking permission for additional filings to demonstrate to the Agency why the additional filings should be accepted. Parties must make their request by way of a written motion, which should clearly set out the reasons why the Agency should grant the request. A copy of the additional filings which the party is seeking to have entered into the record of the proceedings must be submitted with the written motion.
Additional filings forwarded to the Agency without a written motion, or without grounds for the motion, will be returned to its originator by Agency staff and will not form part of the record of the proceedings.
In deciding whether a motion for additional filing should be granted, the Agency may take into account considerations such as:
- whether the filing was available before the pleadings were closed;
- whether the filing could have been obtained with the exercise of due diligence;
- whether the filing is relevant to the matter;
- whether the filing might affect the outcome of the matter;
- whether the filing should be allowed to avoid a miscarriage of justice, for example, to correct an error in the record or to supplement an incomplete record;
- whether the new filing would allow a party to split or reargue its case;
- the prejudice suffered by the other party or parties if the filing is allowed.
A motion for additional filings may be denied immediately by the Agency where the moving party has failed to demonstrate that the motion should be granted. If not so denied, the Agency will seek comments from other parties to the proceeding before making a decision as to whether to accept the additional filings.
Where the Agency decides to accept the additional filings, the Agency will determine the submissions process appropriate to allow parties to address the additional filings. The time line for such submissions will take into account the nature of the additional filings, the matter to be decided and the circumstances of the entire proceeding.
For further information:
Canadian Transportation Agency
Ottawa, ON K1A 0N9