Part VII - Summary Dismissal

37. Summary Dismissal

37.01

Where a party who has initiated a proceeding has taken no step in the proceeding for an undue period of time or has missed a deadline set out in these Rules or in a Practice Direction or imposed by the Tribunal at a pre-hearing conference, the Tribunal may, through the Registrar, give that party notice of intention to dismiss the proceeding, without a hearing, as frivolous, vexatious or commenced in bad faith, if proper steps are not taken within 30 days of the giving of the notice, which notice shall advise the party to whom the notice is given of the right to make written submissions as set out in Rule 37.03.

Where a party has initiated a proceeding that, in the opinion of the Tribunal, is,

a. frivolous, vexatious or commenced in bad faith;
b. relates to matters that are outside the jurisdiction of the Tribunal; or
c. some aspect of the statutory requirements for bringing the proceeding has not been met,

the Tribunal may, through the Registrar, give notice of intention to dismiss the proceeding without a hearing,

i. to that party, if clause (a) or (c) applies, or
ii. to all parties, if clause (b) applies,

setting out the reasons for the proposed dismissal and advising the party or parties to which the notice is given of the right to make written submissions as set out in Rule 37.03.

A party who is entitled to notice under Rule 37.01 or 37.02 shall have the right to make written submissions to the Tribunal with respect to the dismissal of the proceeding within 30 days of the giving of the notice.

After having given notice under Rule 37.01 and after considering any submissions made in accordance with Rule 37.03, the Tribunal may dismiss the proceeding, as frivolous, vexatious or commenced in bad faith, if the party to whom the notice was given has not taken the steps specified in the notice within the 30 day period referred to in Rule 37.01 and, in that event, the Tribunal, through the Registrar, shall give notice of dismissal of the proceeding to the party to whom notice was given under Rule 37.01.

After having given notice under Rule 37.02 and after considering any submissions made in accordance with Rule 37.03, the Tribunal may dismiss the proceeding, on any of the grounds specified in the notice, and, in that event, the Tribunal, through the Registrar, shall give notice of dismissal of the proceeding to the party or parties to whom notice was given under Rule 37.02.