Recap: “The Stories ADR Professionals Tell: Challenges, Opportunities, and Tips and Techniques for Success”(Part 2/3)

[1] Rule 9 of the Common Rules of Practice and Procedure, October 2, 2017 (see: states that a party does not have a general obligation to provide documents that it does not intend to rely upon at a hearing. By contrast, the “Stinchcombe standard” (See: R. v. Stinchcombe, 1991 CanLII 34 (SCC)), which was formulated in relation to the Crown’s disclosure obligations in criminal proceedings, has been found to also apply in the regulatory context when the a regulator is conducting discipline and licensing proceedings that affect a person’s livelihood (see: Watson v. Law Society of Ontario, 2023 ONSC 1154 and Sheriff v. Canada, 2006 FCA 139, [2007] 1 F.C.R. 3 at para 29).