Practice Direction: Motions on Scope/particulars, Page Limits and Filing Deadlines

This Practice Direction comes into effect on August 10, 2026.

As of that date, these changes apply to all proceedings, including proceedings that are already underway, unless a Tribunal Member orders otherwise.

As of the effective date:

• Respondents must raise any issue about the scope of the inquiry, or any request for more or better particulars, within 7 calendar days after receiving the Complainant or the Canadian Human Rights Commission’s (the “Commission’s) Statement of Particulars (SOP) and before filing their own SOP; Responses to the motion are due 7 calendar days later, and replies 5 calendar days later;
• all SOPs filed with the Tribunal must comply with new page limits and formatting requirements; and
• all motions and related responses and replies must comply with new page limits, formatting requirements and set filing timetable.

In some cases that are ongoing, the parties may have already taken steps before this Practice Direction came into effect. Please contact the Tribunal if you have any questions about how these requirements apply to you.

This Practice Notice is intended to supplement, but not replace, the Canadian Human Rights Tribunal Rules of Procedure, 2021 (“The Rules”).

The Member managing the inquiry may, on their own initiative, or at a party’s request, vary a time limit or page limit set out in this Practice Direction, where doing so is required for the fair, expeditious or informal conduct of the inquiry.

The SOP sets out the facts a party intends to prove and the party’s views on the issues raised by the complaint (See Rules 18-20).

If a Respondent believes that:

• the Complainant or the Commission’s SOP includes allegations that expand or transform the complaint referred to the Tribunal; or
• the Complainant or Commission has not provided sufficient particulars to allow the Respondent to understand the case it must meet,

The Respondent must file a motion about the scope of the inquiry, or any request for more or better particulars, within 7 calendar days after receiving the Complainant’s or the Commission’s SOP.

Effect of a Scope or Particulars Motion on the Respondent’s SOP (Rule 20)

If a Respondent files a motion about the scope of the inquiry, or a request for more or better particulars, within the required time:

• the deadline for the Respondent’s SOP is paused until the Tribunal decides the motion; and
• the Respondent must file its SOP within 14 calendar days after the Tribunal’s decision on the motion

All motions must comply with Rule 26, and in particular:

• the motion must identify the order requested and the reasons supporting the request;
• the motion must be filed as soon as reasonably possible after the issue arises;

In addition, written submissions must comply with the page limits and formatting requirements below; responses and replies must be filed within the timelines set out below.

Before filing a motion and where appropriate, parties should try to resolve procedural issues cooperatively before asking the Tribunal to intervene (see Rule 26(1)(b).

Unless the Tribunal orders otherwise:

• a response to a motion must be filed within 7 calendar days after receipt of the motion; and
• a reply must be filed within 5 calendar days after receipt of the response.

Replies must be limited to responding to new matters raised in the response.

SOPs must not be longer than 25 pages and replies must be limited to 10 pages.

Motions and responses to motions must not be longer than 10 pages and replies to motions must not be more than 5 pages.

All Tribunal filings must be in 12-point font; double spaced and use standard margins (1 inch on all sides).

If the parties exceed these page limits, their materials will be returned to them until they comply with these directions.