(Disponible en français)
The Licence Appeal Tribunal ("Tribunal") has developed the following Practice Direction for Preliminary Issue Hearings. This Practice Direction provides general information only and is intended to supplement the Licence Appeal Tribunal Rules, 2023 ("Rules"). Statutes, regulations, and the Rules and orders of the Tribunal will always take precedence over any contrary information in this Practice Direction.
The Tribunal has a mandate to ensure the efficient and effective resolution of accident benefits disputes. The Tribunal recognizes that in accident benefits disputes, there are issues that commonly arise that would dispose of the entire application if adjudicated first. The Tribunal refers to these issues as "preliminary issues."
A preliminary issue is a question that could determine the outcome of an application regardless of whether the underlying claims have merit. This means that if a party raising a preliminary issue is successful, there is no longer a reason to conduct a hearing on the merits.
If a party raises a preliminary issue, Rule 20.4 requires the party to notify the Tribunal and the opposing party by identifying the preliminary issue in the party's case conference summary. Rule 14.2 sets out the Tribunal's power to direct the parties to consider preliminary issues at the case conference.
Where a preliminary issue is properly raised at the case conference, the Tribunal will hear submissions from the parties and decide whether the preliminary issue should be heard separately, in advance of hearing the substantive issues.
Some common preliminary issues are:
If the issue raised by a party would not completely dispose of the application, the Tribunal will generally order that the issue be heard together with the substantive issues at a hearing.
If the Tribunal determines that it is appropriate to adjudicate a question as a preliminary issue ahead of the substantive issue hearing, at the case conference it will offer the parties a Preliminary Issue Hearing. Preliminary Issue Hearings are an optional procedure. They are conducted in writing only and are adjudicated based on the parties' written submissions and documentary evidence. The Tribunal does not offer a videoconference option for Preliminary Issue Hearings.
If the parties choose to have a Preliminary Issue Hearing, following submissions from the parties at the case conference, the Tribunal will identify the preliminary issue to be heard and establish a schedule for submissions. The Tribunal will also identify the substantive issues in dispute and establish the hearing format and timetable for the substantive issues hearing.
The Tribunal will issue a Case Conference Report and Order outlining the preliminary issue and the submissions schedules for the Preliminary Issue Hearing as well as the substantive issues and the timetable for the substantive issue hearing.
Preliminary Issue Hearings proceed on an expedited timeline but do not have a set hearing date. Parties can expect their productions and submissions for the Preliminary Issue Hearing to be due within 30-40 days following their case conference.
Parties can expect to receive the preliminary issue decision well in advance of their substantive issue hearing so as not to delay the proceedings in the event the preliminary issue decision does not dispose of the application.
If the preliminary issue decision disposes of the application, the hearing on the substantive issues will be cancelled. If the preliminary issue decision does not dispose of the application, the hearing on the substantive issues will be held as set out in the Case Conference Report and Order.
The Tribunal expects the parties to be ready to proceed with a scheduled adjudicative event. The Tribunal will rarely grant an adjournment request on the basis that a party is not prepared for a Preliminary Issue Hearing, or for the substantive issue hearing that may follow a preliminary issue decision.