A list of documents (partial disclosure) must be in Form 81 and include documents which the party has knowledge that might be used in evidence:
- to establish or assist in establishing any allegation of fact in the party’s pleading; or
- to rebut or to assist in rebutting any allegation of fact in any pleading filed by any other party.
The list of documents (partial disclosure) has two schedules:
- Schedule A lists the documents in the possession, power or control of the party.
- Schedule B lists the documents of which the party has knowledge but which are not in the party’s possession, control or power.
When Is the Deadline to File a List of Documents (Partial Disclosure)?
The Tax Court of Canada Rules (General Procedure) state that the parties have 30 days following the close of pleadings to file and serve on each other a list of documents (partial disclosure). However, in practice, the parties (including tax lawyers) often do not respect this deadline because there are no real consequences for failing to do so. The parties can file and serve their list of documents even after the 30-day deadline without obtaining the other party’s consent or the Court’s permission until:
(a) a notice of motion for a judgment under section 91 has been filed;
(b) an application to fix the time and place for the hearing under subsection 123(1) has been filed; or
(c) a date for hearing the appeal has been fixed by the Court.
If one of the 3 events above take place before a party has filed and served its list of documents, the party must apply to the Court for leave to file and serve its list of documents.
The other instance where a party must request leave from the Court to file and serve its list of documents is when the Court has set a deadline for the parties to exchange their lists of documents and the party missed the deadline.
If a taxpayer filed a list of documents and later on decides to add more documents to the list, he can either amend his list of documents (using the same rules as for the reply) or file a supplementary list of documents.
Last updated: October 4, 2015