Workers Compensation and Injury Management Arbitration Rules 2024

If the time for lodging a reply under rule 18(1) has elapsed, a party (the requesting party) to a proceeding may request that another party (the second party) to the proceeding provide the requesting party with a list of each document that the second party has a duty to disclose.

A request under subrule (1) must be made by notice in writing given to the second party.

The second party must, within 21 days after receiving the notice, give to the requesting party a list specifying —

each document to which the duty of disclosure applies that is in the second party’s possession or under the second party’s control; and

each document to which the duty of disclosure applies that is not in the second party’s possession or under the second party’s control; and

each document the second party is excused from producing under section 374 of the Act.

If the list given in accordance with subrule (3) specifies a document that is not in the second party’s possession or under the second party’s control, the list must be accompanied by a brief statement that explains why the document is no longer in the party’s possession or under the party’s control.

If the requesting party gives the second party further written notice requesting the production or inspection of a document specified in accordance with subrule (3)(a), the second party must, within 7 days after receiving the further notice —

give the requesting party a copy of the document; or

allow the requesting party to inspect the document.