Is a decision to reopen a hearing to consider or present further evidence a matter of procedure and practice?

Nova Scotia, Canada


The following excerpt is from S. & D. Smith Central Supplies Limited (Re), 2017 NSUARB 75 (CanLII):

In contrast, the Respondent said: The decision to reopen a hearing to consider or present further evidence is a matter of procedure and practice, as a "mode by which a legal right is enforced", the issue of substance or right being the assessment of compensation. The effect of the act of reopening a proceeding is to "stream, control or shape the manner in which existing rights are pursued", in the same way as disclosure and discovery are issues of procedure (see Bishop v. AGNS, supra, paras. 12 and 14) [Respondent’s Pre-Hearing Brief, February 6, 2017, p. 7]

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