Message from the Tribunal Chair
March 8, 2024
Timeliness within the Tribunal is not merely a convenience; it is fundamental to the administration of justice. Delays in hearings can extend uncertainty, exacerbate difficulties and undermine trust in our administrative process, diminishing its effectiveness and credibility. Equally essential is the timely writing of decisions, crucial for parties to understand outcomes, adhere to directives, and, if necessary, pursue further legal avenues. To uphold fairness and efficiency, it is imperative that administrative bodies prioritize timeliness in their proceedings and decision-making processes. This involves establishing clear timelines and ensuring adherence to procedural rules.
Following a thorough review of the Tribunal’s 2023 Annual Report, it is apparent that delays exist in our administrative hearings. With hearings not commencing for over a year, action is warranted.
In 2024, I am placing a renewed emphasis on timeliness. Aligned with this objective, I am please to announce an amendment to Practice Directions 6.4, along with accompanying Form 36. Effective immediately, pre-hearings conferences will be convened within three months of citation authorization if the hearing has not been scheduled by consent. If a hearing remains unscheduled after 7 months, a comprehensive pre-hearing will be conducted. In addition, I have added new Practice Direction 8.10 dealing with hearings in writing. Going forward, parties are to have their written materials and their proposed exhibits identified at the time of applying for a hearing in writing.
These measures will enable the Tribunal to establish appropriate timelines to expedite proceedings while ensuring fairness, having regard to the many factors that affect timeliness, such as availability of the parties, witnesses, counsel and panelists, health concerns; stays pending review or appeals, settlement discussions, and the complexity of matters. By implementing these changes, we aim to enhance efficiency, prioritize the public interest and strengthen the integrity of our administrative processes.
