What is the test for responding to a reply submission?

British Columbia, Canada


The following excerpt is from Hobbs v. Canadian Rocky Mountain Resorts and others, 2016 BCHRT 97 (CanLII):

The Respondents apply to respond to the reply submission. This is exactly the circumstance where a further submission is appropriate; that is, a new issue has been raised in the reply and fairness requires that the applicant be entitled to respond: Kruger v. Xerox Canada Ltd. (No. 2), 2005 BCHRT 24, paras. 17 and 22.

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