Practice Direction #4 – Case Management Conferences

October 17, 2022

General

  1. The Transportation Appeal Tribunal of Canada (Tribunal) has developed this practice direction to provide a framework for the use of case management conferences (CMCs) and to make the preliminary procedures more efficient and effective

  2. This practice direction applies to all Tribunal proceedings, both reviews and appeals, regardless of the transportation sector involved.

Authority

  1. The Tribunal is established by the Transportation Appeal Tribunal of Canada Act (Act) and is guided in its procedures by the Transportation Appeal Tribunal of Canada Rules (Rules). Under the Act and the Rules, the Tribunal holds review and appeal hearings at the request of parties on matters within its jurisdiction.

  2. Section 12 of the Rules reads as follows:

    12 The Tribunal may, orally or in writing, direct that the parties appear before a member of the Tribunal at a specified date, time and place for a conference, or consult each other and submit suggestions in writing to the Tribunal, for the purpose of assisting it in the consideration of

    a. the admission or proof of certain facts;

    b. any procedural matter;

    c. the exchange between the parties of documents and exhibits proposed to be submitted during a proceeding;

    d. the need to call particular witnesses; and

    e. any other matter that may aid in the simplification of the evidence and disposition of the proceeding.

  3. In addition, under section 4 of the Rules, the Tribunal may take such steps as are necessary to determine any procedural matter not provided for in the Act, the statutes referred to in subsections 2(2) and 2(3) of the Act, or the Rules.

Procedure

  1. The Tribunal may use CMCs in review and appeal proceedings.

  2. The Tribunal schedules the CMCs and summons the parties. CMCs are formal proceedings that form part of the Tribunal’s decision-making process. Accordingly, any statements, agreements or undertakings made at a CMC are noted in the minutes of the CMC prepared by the presiding member and are an integral part of the record. A refusal or failure to appear at a CMC may result in the case being closed.

  3. All CMCs are audio recorded.

  4. By default, CMCs are held by videoconference. In some cases, the Tribunal may decide to hold a CMC by teleconference.

  5. Multiple CMCs before the hearing may be necessary to address any preliminary or procedural issues raised at a CMC or not addressed at a previous CMC, to ensure that the parties are prepared for the hearing.

  6. A party wishing to postpone a CMC may make a written request to the Tribunal at least two weeks before the scheduled date. No request will be considered within two weeks of the scheduled date except in exceptional circumstances.

  7. The parties will receive an agenda approximately one week before the CMC. The agenda sets out the issue and context of the proceeding, planned discussion items and, where applicable, possible hearing dates. The Tribunal asks the parties to file in the secure repository the documents they intend to submit as evidence in cases involving licences or medical certificates.

  8. In preparation for a CMC, the parties are expected to discuss the purpose of the review or appeal and to identify points of agreement or prepare a joint statement of facts.

  9. Before a CMC takes place in a review proceeding, the applicant must read the Guide for Applicants received from the Registry when the case was opened, or downloaded from the Tribunal’s website. In addition, the Minister’s representative must review the record and share its contents (Minister’s disclosure) with the applicant before the CMC.

  10. At the CMC, the parties should be ready to agree on a hearing date and should already have arranged for their clients and witnesses to be available.

  11. At the CMC, the parties must inform the Tribunal whether they plan to submit preliminary motions, in which case a timetable for the submission of preliminary motions will be established.

  12. At the CMC, the member discusses the required procedure and the deadlines for submitting documents and evidence to be produced during the proceedings, to help the parties interact more easily and prepare appropriately, and to ensure an efficient hearing. Documents must be served in accordance with the Tribunal’s Practice Direction #3 – Electronic Service of Documents, through the Tribunal’s Secure Repository System.

  13. At the CMC, the parties must inform the Tribunal of the number of witnesses to be called at the review hearing and the number of documents or other pieces of evidence to be filed. They must also announce whether any witnesses will require official language interpretation.

  14. At the CMC, the Tribunal and the parties may discuss any other matter that may simplify the proceeding. The Tribunal may rule on any disagreement as to the issue or the underlying matter to be brought before the Tribunal, and the grounds of appeal in the case of an appeal.

 

Patrick Vermette
Chairperson

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