What is the legal test for filing a sur-reply to an application?

British Columbia, Canada


The following excerpt is from A v. Corporation of the Township and others, 2012 BCHRT 349 (CanLII):

The submission process anticipates an application, a response and a reply. The filing of sur-reply is unusual. It is only allowed where the Member deciding the application determines that the reply raises new issues and that fairness requires that the respondent to the application be entitled to respond to it: Kruger v. Xerox Canada (No. 2), 2005 BCHRT 24, paras. 17 and 22.

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