Can the Respondent argue that post-referral evidence is the basis of a new complaint?

I disagree with this argument for a number of reasons. Firstly, the Respondent is essentially attempting to re-litigate the motion to amend the original s. 13(1) complaint. The motion to amend the s. 13(1) complaint was granted on the basis of the post-referral evidence that was filed in support of that motion. In deciding that an amendment to the original complaint was appropriate, the issue of whether that evidence constituted the basis for a new complaint was conclusively determined. As a result of that Ruling, excerpts of the post-referral evidence were incorporated into the particulars of the amended complaint. Therefore, it cannot now be argued that the evidence that was the basis for the amendment is, in fact, the basis of a new complaint. This would effectively constitute an attempt to re-argue the motion to amend the complaint. To do so would be an abuse of process and will not be permitted (Cremasco v. Canada Post Corporation 2002/09/30 - Ruling No. 1, at para. 77, aff'd 2004 FCA 363).