Practice Manual Chapter 8

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8.00 APPEALS PROCEEDING BY WRITTEN SUBMISSION

The Tribunal proceeds by written submission when it believes that the issue(s) under appeal can be resolved by receiving written evidence and arguments. Evidence may include, amongst other things, documents such as medical reports and sworn written statements given by a participant or witness. Submissions are written arguments to the Tribunal in support of a participant's position.

The Tribunal will advise the participants in writing that the appeal will proceed by written submission. A participant bringing the appeal must file submissions and evidence first. Other participants usually have three weeks to file a response.

When written submissions are complete, the appeal is usually assigned to an appeal commissioner(s) for a decision. Submissions are considered complete when all submission deadlines have passed or when submissions have been received from all participants. If no submissions are provided to the Tribunal, the Tribunal will consider the appeal on the basis of the Notice of Appeal and other available documents.

Participants should provide any additional evidence, such as medical reports or witness statements, at or before the time they provide written submissions to the Tribunal. This allows the other participants an opportunity to respond to the additional evidence. If a participant obtains additional evidence after the deadline has passed, but before the Tribunal's decision has been issued, the participant should contact the Tribunal immediately. If a decision has not been issued, the Tribunal may consider the late evidence and provide the other participants with an opportunity to make submissions on the late evidence. This may delay the Tribunal's decision.

A written decision will be mailed to all statutory participants within 60 days of the deadline for submissions or the date on which all submissions have been received by the Tribunal.