Practice Direction No. 10

Case Management Conference Briefs

Amendment Notice: 
Effective January 14, 2025, Practice Direction No. 10, issued on February 4, 2015, is revoked and replaced by Practice Direction No. 10 below.

 

  1. Each party participating in a Case Management Conference must file a brief at least seven calendar days prior to the scheduled conference. This requirement may be modified by the direction of the presiding Tribunal member. A joint or multi-party brief is also acceptable. A “Case Management Conference Brief” template is available on the Tribunal's website.
  2. Every Case Management Conference Brief will:
    1. update the Tribunal on the status of the claim;
    2.  update the Tribunal on each party’s efforts to move the claim forward expeditiously; and
    3. address progress toward any deadlines established by the Tribunal.

  3. The Tribunal reminds the parties that the first Case Management Conference has specific requirements, outlined in subrule 49(1) of the Specific Claims Tribunal Rules of Practice and Procedure, SOR/2011-119, which reads:

    First case management conference 
    49 (1) The following matters must be discussed at the first case management conference:

    • (a) the condition precedent set out in subsection 16(1) of the Act that gave rise to the filing of the specific claim;
    • (b) the Crown’s position with respect to the validity of the specific claim;
    • (c) the degree to which the parties have prepared their cases respecting compensation;
    • (d) whether any of the parties are intending to enter oral history evidence;
    • (e) whether the interests of a province, First Nation or person might be significantly affected by a decision of the Tribunal described in subsection 22(1) of the Act;
    • (f) whether the parties are interested in pursuing a mediated settlement of all or part of the specific claim; and
    • (g) how best to conduct the proceedings so that they remain proportionate to the amount in dispute and the importance and complexity of the issues involved.
  4. In addition to these requirements, Practice Direction No. 12 requires that the Case Management Conference Brief for the first Case Management Conference be a joint brief, to encourage communication between the parties.

Honourable Victoria Chiappetta, Chairperson
Specific Claims Tribunal