16-004675 v Certas Direct Insurance Company, 2017 CanLII 46351

Jul 12, 2017

Adjudicator: Robert Markovits

Motion

On June 26, 2017, the Respondent filed a motion seeking an order to exclude the Applicant’s reply submissions on the basis that they were served after the due date of June 19, 2017.

The Reply was dated June 20, 2017 and not received by the Respondent until June 23, 2017. The Notice of Written Hearing states: “documents filed after the deadlines listed above may not be considered by the Adjudicator hearing the matter.”

The case conference had been conducted on March 8, 2017. The Adjudicator at the case conference ordered the following timetable for the exchange of written submissions and evidence: Applicant’s submissions due May 29, 2017; Respondent’s submissions due June 12, 2017; Applicant’s reply (if any) due June 19, 2017.

It is noted that the Notice states that late documents “may not” be considered, as opposed to “will not”.

No prejudice was suffered by the Respondent as a result of the Applicant’s reply being four days late. The Applicant did not raise any new issues in the reply, which had been received prior to the  hearing which had been scheduled to take place in writing on June 26, 2017.

Result: The motion is denied.