Electronic Hearings

March 2011

PRACTICE DIRECTION REGARDING ELECTRONIC HEARINGS

This Practice Direction is intended to clarify and supplement the Competition Tribunal Rules, SOR/2008-141 (“Rules”), with respect to electronic hearings. The Rules define an electronic hearing as a hearing in which documents are provided in an electronic form to the Tribunal Registry and are presented electronically in the course of the hearing. Rule 33 provides that the Tribunal may give directions requiring the use of any technology it considers appropriate to facilitate the conduct of a hearing.

Given the complexity of Tribunal cases and the numerous exhibits normally filed during a Tribunal hearing, the Tribunal, after having conducted a number of electronic and paper hearings, has found that electronic hearings are the preferred way to proceed before the Tribunal. Accordingly, as of January 1, 2012, hearings before the Tribunal, including motions (except for leave), will be paperless. Electronic hearings will be the only method by which a party, including an intervenor or a self-represented party, may proceed before the Tribunal. The Tribunal Registry will contact the parties before the hearing to provide particulars about the conduct of an electronic hearing. Rule 12 already requires parties to file their documents by electronic transmission.

This Practice Direction will not apply to motions for leave to commence a private application or motions for leave to intervene in a proceeding. Such motions may be on paper. However, as noted above, if leave is granted, the matters will proceed electronically.

For more information about this Practice Direction, please contact the Deputy Registrar at (613) 954-0857.

Justice Sandra Simpson
Chairperson