Practice Direction: Finality of Tribunal Directions and Rulings

This Practice Direction comes into effect on August 10, 2026.

Purpose

Tribunal Members issue several directions and rulings as part of case management and in the fulfillment of their obligation to ensure Tribunal proceedings are fair, informal and expeditious (s.48.9(1)). This Practice Direction promotes these aims by confirming that parties must treat rulings and directions issued by the Member assigned to an inquiry as final and binding in that proceeding absent a material change in circumstances.

Finality of a Member’s Ruling or Direction

Once a Member issues a ruling or direction it is binding on the parties. Parties must comply with it and may not reargue the matter, ask the Member to reconsider through a case management conference call (CMCC), seek a different result on substantially the same record, or repeatedly raise an issue that the Member has already decided.

A party’s disagreement with the outcome is not a valid basis to reopen the matter or fail to comply with a ruling or direction. A ruling or direction remains in effect unless it is varied, stayed or set aside by the Member or by a reviewing Court.

Requests for Clarification or Amendment

If a party believes that a ruling or direction requires clarification to permit compliance, or that there has been a material change in circumstance, the party may write to the Tribunal and all other parties. The request must be brief explain the clarification sought, or the new facts, and must not repeat arguments or introduce new ones.

The Member will decide how to proceed. Filing such a request does not suspend any deadline or vary a direction the Member made unless they expressly direct otherwise.

Compliance

Parties are required to respect all rulings and directions. A communication seeking the relitigation of an issue the Member already decided may be declined, returned, or addressed through any procedural measure the Member considers appropriate.

In the event a party does not comply with the Tribunal’s Rules, an order of a Member, or a time limit established under the Rules, the Member may order the party to remedy their non-compliance, proceed with the inquiry, dismiss the complaint or make any other order to achieve the purpose set out in Rule 5, which provides that the Rules are to be interpreted and applied so as to secure the informal, expeditious and fair determination of every inquiry on its merits (Rule 9). The Tribunal may also make any order that it considers necessary against vexatious conduct or abuse of process (Rule 10).

Effective Date

This Practice Direction takes effect on August 11, 2026 and applies to all ongoing and future proceedings before the Tribunal, unless the Member directs otherwise.