What is the scope of an application to file further submissions to address a new issue raised in a reply submission?
British Columbia, Canada
The following excerpt is from Thorgeirson v. Sidney Bakery and another, 2019 BCHRT 246 (CanLII):
Rule 28(5) addresses applications to file further submissions to address a new issue raised in a reply submission. I have discretion to permit or consider additional submissions, but an application to file further submissions is an unusual procedure and should be limited to replying to new information or submissions: Kruger v. Xerox Canada (No. 2), 2005 BCHRT 24 at para. 22.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a participant file a further submission responding to new issues raised in a reply submission? (British Columbia, Canada)
Can a respondent respond to an application with a sur-reply responding to new issues raised in reply? (British Columbia, Canada)
Is Sur-reply permitted where a new issue or evidence has been raised in a reply? (British Columbia, Canada)
What is the test for credibility issues on an application under the BCSC's triable issue of credibility rule? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
In determining whether to grant a Rule 18A trial on part of a trust application, what is the risk that the findings of the application may be carried over to the subsequent determination of other issues? (British Columbia, Canada)
Can a plaintiff add a common issue addressing whether the mortgage provisions in issue are illegal or contrary to public policy? (British Columbia, Canada)
What is the scope of an application to file further submissions? (British Columbia, Canada)
Can a common issue or issue be tried in advance of individual issues? (British Columbia, Canada)
What is the test for dismissing an application to dismiss a complaint that may raise issues of credibility? (British Columbia, Canada)
