Getting your case ready

If the parties cannot reach an agreement through mediation, the case will go to a hearing. Now is the time to get your evidence, which can be:

• Documents 
• Pictures
• Oral (spoken) testimony given by a witness under oath at the hearing
• Written statements such as a sworn affidavit
• Expert evidence from someone with special knowledge who can help the Tribunal

Another part of getting your case ready is reading past Tribunal and court decisions with similar facts and issues to yours. This can help you learn about what your hearing will be like. It will also help you make arguments in your case. Find out how to search for Tribunal and court decisions here. 

“Case management” is the Tribunal working with the parties as they get their case ready for a hearing. 

The Tribunal has a mandate to move complaints to a conclusion in a way that is fast, fair and informal. The goal of case management is to reduce the time required for the hearing itself and to help the parties organize their evidence. 

We expect all parties to be active, efficient and reasonable in the case management process. Everyone benefits when we can reduce the time needed for the hearing.  

Documents from the Canadian Human Rights Commission

At the beginning of the case management process, the Canadian Human Rights Commission (the “Commission”) will send everyone a list of documents. These are documents from the original complaint that could be relevant to the case before the Tribunal.

Case management calls

The Tribunal will organize case management calls that include all of the parties. These calls will take place by phone or video. The Tribunal Member assigned to your case will attend, along with the registry officer. If you have a representative, they can attend on your behalf, or you can both attend.

During the call, the Tribunal Member will encourage you to find areas where you agree on the facts. They will work with you to resolve various issues and disagreements. If the parties can work together during case management, the hearing will be shorter and simpler. 

Any party can request a case management meeting at any time. 

You will receive a summary of the case management call from the Tribunal afterwards. 

Have your calendar handy

The Tribunal Member will set deadlines and schedules.  When the Tribunal requests information by a specific date, you must meet the deadline. You will also need your calendar to schedule the next call or hearing dates. 

What do I call the Tribunal Member?

The Tribunal Member will likely talk to you about this as you are getting started. Usually, you address them as “Member [Last Name]”. 

What is a “Statement of Particulars”?

The Tribunal’s Rules of Procedure require you to prepare a Statement of Particulars. This is an outline of how you intend to present your case at the Tribunal hearing. 

You will receive a letter from the Tribunal with deadlines for when each party must submit their Statement of Particulars. If you need more time, please contact your registry officer.

You will be sharing your Statement of Particulars with the other parties and the Tribunal. This exchange of information and documents is called “disclosure”. 

Disclosure happens in four stages:

1. The Complainant’s statement goes out first. 
2. Then, the Commission may also prepare a statement. 
3. The Respondent addresses what the Complainant has said in their own statement. 
4. The other parties then have a chance to “Reply” or comment on what the Respondent has said. 

What should you include in your Statement of Particulars?

The Statement of Particulars must have these five sections:

1. Facts – your version of what happened
2. Legal issues – the type of discrimination you believe happened
3. Remedies – what you want to happen when the Tribunal makes its decision
4. Lists of documents – a list of all documents that might be relevant to your case and a separate list of documents you will keep private
5. List of witnesses – names of those you will call to testify and what you think they will say

1. Facts

Under this heading, give your version of the events that led to the complaint. Describe what happened by answering the following questions: 

• Who was involved?
• What actions were taken?
• When did it happen?
• Where did it happen?
• How were you discriminated against?

 Number each paragraph. This makes it easy for the other side to refer to your points when they respond.

2. Legal issues 

The Canadian Human Rights Act (the “Act”) sets out the grounds on which Canadians must not discriminate against each other. For example, sex, race and disability are prohibited grounds of discrimination. In this part of your Statement of Particulars, you will make arguments about how the Act applies to what happened.

3. Remedies

If the Tribunal finds that discrimination took place, it can make an “order” against the Respondent, that is the person or organization that discriminated. Orders are intended to “remedy” or help fix the harm that the discrimination caused to its victim. The Act lists these remedies in section 53.

What the Tribunal can order someone to do:

• Stop the discrimination and take measures to prevent it from happening again.
• Give the victim the rights, opportunities or privileges that were denied.
• Pay the victim wages lost because of the discrimination.
• Compensate the victim for the cost of finding alternatives to goods, services, facilities or accommodation that were denied because of discrimination.
• Pay the victim up to $20,000 for pain and suffering caused by the discrimination.
• Pay the victim up to $20,000 if the discrimination was “wilful or reckless”.
• Pay interest on financial compensation ordered by the Tribunal.

The Tribunal cannot award legal costs

If you hired someone to represent you, and the Tribunal rules in your favour, it cannot order the other side to pay your legal costs. 

4. Lists of documents

During pre-hearing disclosure, sharing documents helps the parties understand each other’s position. 

In your Statement of Particulars, make two lists—a list of documents you will share and a separate list of documents you will keep private.

1.  List of documents for disclosure (non-priveleged)

List all of the documents that could be relevant to your case. Be sure to include any documents that you originally shared with the Commission. You will be sending new copies of each document to the other parties along with your Statement of Particulars. 

If you are not sure if a document is relevant, list it anyway. If a document is not on the list, you may not be able to use it at the hearing. 

To note: A document only becomes evidence when you present it at the hearing and it is admitted as evidence.

2. List of “privileged” documents

List the documents related to your case that you will not be sharing with the other parties. These are called “privileged” documents. They include:

• any communication about the complaint between you and your lawyer or other representative
• any notes you have prepared for the upcoming hearing
• any communication during mediation or about a settlement 

Look at these examples of document lists.

5. List of witnesses 

Witnesses are the people who can help you prove a point related to your case. Prepare a list of all the witnesses you would like to testify at the hearing. If a witness is not on your list, they may not be allowed to testify.

For each witness, prepare a summary of what you think they will say at the hearing. Complainants and respondents are usually important witnesses at the hearing, so be sure to include a brief summary of what you will say.

Look at these examples of witness lists and summaries.

Who gets what

Once you have finished preparing your documents, following your steps: 

1. Send these documents to the Tribunal:
   • your Statement of Particulars
   • your list of documents
   • your list of witness and the summaries of their testimonies
2. Send these documents to the other parties: 
   • your Statement of Particulars
   • your list of documents
   • your list of witness and the summaries of their testimonies
   • copies of your non-privileged documents

Do not send anyone your privileged documents. 

If you later find another document that you consider relevant, follow these steps: 

1. Update your list of documents.
2. Send the updated list and a copy of the document to the other parties.
3. Send the updated list to the Tribunal. 

Do not send copies of your documents to the Tribunal yet. We will tell you when to send them. 

“Serving” documents to the other parties

“Serving” is the legal term for giving the other parties copies of your documents. The Tribunal’s Rules allow you to serve most documents by email.

These options are also allowed:

• Regular mail (keep a record of when you mailed it)
• In person (ask for a receipt)
• Registered mail (keep your receipt)
• Fax, if the document is 20 pages or less (keep a fax printout of the transmission)
• Courier (keep your receipt)
• “Bailiffs” or “process servers”: These are people who are trained to serve documents. They should give you an “affidavit” or “certificate” of service.

Proving that you served a document

If one of the other parties says they did not get a document, you will have to prove that you sent it. Here are some examples of proof:

• The “sent” copy of an email
• A printout record of a fax transmission
• A registered mail receipt or courier’s receipt
• An “affidavit” or “certificate” of service from a bailiff or process server

Filing a document with the Tribunal

“Filing” is the term used for submitting a document to the Tribunal.

In most cases, the Tribunal will ask the parties to file documents by email using this address: registry.office@chrt-tcdp.gc.ca.

You can also file documents with the Tribunal’s Registry Office:

• in person
• by courier
• by mail 
• by fax

Complainants and the Commission can make a written “Reply” to the Respondent’s Statement of Particulars. It is important to do this if the Respondent raised new issues that you need to address.

Your reply should only address the new issues. Do not repeat everything you said in your Statement of Particulars. 

For guidance, see examples of a Reply in the respondent's Statement of Particulars. 

I have a new document in support of my Reply: what should I do?

You may have new documents that support your Reply.

1. List the new documents in your Reply.
2. Update the list of documents in your Statement of Particulars. 
3. Send the updated list and the copy of the document to the other parties.
4. Send the updated list to the Tribunal.

Do not send copies to the Tribunal yet.

Look at these examples of what complainants put in their Reply.

People come to the Tribunal because they do not agree with one another. But very often, there are many details that are not in dispute. An Agreed Statement of Facts is a list of things that all the parties agree on. You file it with the Tribunal.

An Agreed Statement of Facts will save time during the hearing. You do not need to present evidence on facts that everyone agrees on. Once all the parties have exchanged their Statements of Particulars, they should each compare them. Look for areas where another party seems to agree or might agree about a fact. The Tribunal Member will encourage you to contact the other parties and discuss these areas.

For example, the parties might agree that the Complainant was fired on a certain date. Or they might agree on the amount of money the Complainant would have earned if they had not been fired. 

You can file an Agreed Statement of Facts with the Tribunal at any time, up to and including the start of the hearing.

An “expert” witness is a professional who has knowledge that could help the Tribunal with a technical issue. They are not on anyone’s side. For example, a doctor might testify about a medical condition. An accountant might give evidence about loss of income. 

The Tribunal does not require expert witnesses, but any of the parties can call one. Expert witnesses often charge a fee. The party who calls the expert witness has to pay them, even if they win the case. 

Preparing an expert witness report

Sometimes expert witnesses testify at the hearing. Whether they attend the hearing or not, the expert must prepare an “expert witness report”. 

The report contains a detailed explanation of the expert's opinion. The report should include:

• Expert’s name, address and resumé
• An explanation of how the expert’s education and experience qualifies them to testify
• Details of what they will say and the facts they rely on
• Signature of the expert 

Sending the expert witness report

You must send the report to the Tribunal and the other parties. The Tribunal will set the deadlines to serve and file expert reports.

Sometimes when the parties are getting ready for a hearing, they disagree on issues other than the complaint itself. Here are some examples:

• One party thinks that the other party has more to disclose.
• The Complainant wishes to change something in their complaint.
• One of the parties wants to add more parties to the case. For example, the Complainant might want to add another respondent. 
• A party might move to have two or more related complaints heard at the same time. 

You and the other parties can try to resolve such issues yourselves. If that does not work, ask for a case management call with the Tribunal Member as soon as you can. Often, the Member can help you sort things out informally. This is the easiest and quickest way. 

If the issue cannot be resolved informally, you may have to ask the Tribunal to decide on the matter. This request is called a “motion”.

If you decide to file a motion, the case will take longer to get to a final decision. That is because each party must have a chance to present arguments on the motion, in writing or in a conference call. After that, you can expect to wait up to three months for the Tribunal’s decision. If it is going to take longer, the Member will write to the parties to explain this.

Use this checklist to make sure you have completed the steps for getting your case ready.