Planning and Environment Court Rules 2018

Any of the experts may, at any time, participate in a without prejudice conference or mediation under part 5 involving the active parties to the P&E Court proceeding.

Also, any of the experts may, at any time before the joint report is completed, give 1 or more of the active parties to the P&E Court proceeding (each a recipient) a written notice—

asking the recipient to respond to a request for information or other inquiry that may assist the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report; or

informing the recipient of any matter affecting the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report.

However, a notice under subrule (2) may be given to an active party to the P&E Court proceeding only if—

all of the experts agree to the giving of the notice or, if the experts do not agree, the notice states the basis of the disagreement between the experts; and

a copy of the notice is given to all the experts and the other active parties at the same time as the notice is given to the active party.

The recipient of a notice given by an expert under subrule (2) may respond to the notice only if—

the response is in writing; and

before the response is made, a copy of the response is given to all the other active parties at the same time; and

the response is made—

not more than 10 business days after the notice is given to the recipient; and

not less than 5 business days, or the shorter period agreed to by the active parties, after the copy of the response is given to the other active parties; and

a copy of the response is given to all the other experts at the same time as the response is made.

An active party to the P&E Court proceeding (the requesting party) may request the experts prepare a report (the conduct report) about the proper and timely conduct or conclusion of the meeting of experts, or preparation of the joint report, if a copy of the request is given to all the other active parties at the same time the request is made.

The conduct report may be given to the requesting party only if—

the conduct report is given not more than 2 business days after the request is received by the experts; and

all of the experts agree to the giving of the conduct report or, if the experts do not agree, the conduct report states the basis of the disagreement between the experts; and

the conduct report is in writing; and

a copy of the conduct report is given to all the other active parties at the same time as the conduct report is given to the requesting party.