C.D. v. Canadian Armed Forces

C.D. v. Canadian Armed Forces

The Tribunal found the Respondent's witness summaries insufficiently detailed to permit proportional case management, relied on Rules 18–20, 24 and 37 and related caselaw, and therefore directed the Respondent to file a complete witness list with detailed summaries and a complete list of arguably relevant documents (with copies) by March 20, 2026, while warning that additions after that date require permission supported by valid reasons and prejudice analysis.

Citation
2026 CHRT 4
Parties
Complainant: C.D.; Commission: Canadian Human Rights Commission; Respondent: Canadian Armed Forces
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
16 January 2026
Procedural Posture
Human Rights Complaint (chra) / Case Management (pre Hearing)
Outcome
Directions issued: Respondent ordered to provide complete witness list and detailed witness summaries and disclose all arguably relevant documents by March 20, 2026; Complainant ordered to amend witness summaries and produce responsive documents by March 20, 2026; post-deadline additions require Tribunal permission.
Legal Topics
Discrimination, Harassment, Accommodation, Disclosure and Witness Summaries, Tribunal Procedure and Case Management
Source Language
English
Human Rights Law Administrative Law Employment Law Gender Identity and Expression Discrimination Harassment Accommodation Disclosure and Witness Summaries +1 more

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Parties

C.D.

Complainant

Canadian Human Rights Commission

Commission

Canadian Armed Forces

Respondent

Procedural Posture

Human Rights Complaint (chra) / Case Management (pre Hearing)

Legal Issues

  1. 1 Whether the Respondent's witness summaries comply with Rules 18–20
  2. 2 Scope and timing of ongoing disclosure under Rule 24
  3. 3 Admissibility of witnesses and documents under Rule 37

Ratio Decidendi

The Tribunal found the Respondent's witness summaries insufficiently detailed to permit proportional case management, relied on Rules 18–20, 24 and 37 and related caselaw, and therefore directed the Respondent to file a complete witness list with detailed summaries and a complete list of arguably relevant documents (with copies) by March 20, 2026, while warning that additions after that date require permission supported by valid reasons and prejudice analysis.

Court Disposition

Directions issued: Respondent ordered to provide complete witness list and detailed witness summaries and disclose all arguably relevant documents by March 20, 2026; Complainant ordered to amend witness summaries and produce responsive documents by March 20, 2026; post-deadline additions require Tribunal permission.

Orders

  • Respondent must, by March 20, 2026, file a complete list of witnesses it intends to call with detailed summaries of each witness's expected testimony.
  • Respondent must, by March 20, 2026, file a complete list of all documents in its possession that relate to a fact or issue raised in the complaint or to an order sought and provide copies to the Complainant.