Case Flow Initiative

Settlement Conferences information is now available here.

August 2021

From the Chairperson — Introducing the Case Flow Initiative

I am very pleased to introduce the Case Flow Initiative. Its objective is to promote access to justice by reducing delays and resolving disputes as quickly and as efficiently as possible while maintaining the highest standards, as the Board fulfils its mandate.

The Case Flow Initiative’s guiding principles

  • Timely access to justice - dedicated resources reduce delays and resolve disputes as quickly and efficiently as possible without sacrificing quality, from when a file is received to when it is resolved.
  • Stakeholder engagement - ideas are shared with and feedback is sought continuously from stakeholders.
  • Transparency - progress, new processes, and results are communicated regularly.

The goal, and how we’ll reach it

The Case Flow Initiative builds on the Board’s existing case management tools and efforts so that ultimately, those seeking access to justice will be supported, now and in the future. As we build on those existing tools and efforts, new technologies will be integrated. This will improve the Board’s case management modernization drive and will enable the analysis of trends and of the impact on case management effectiveness. All aspects of case processing will be supported with dedicated resources.

The Case Management Initiative includes the ongoing analysis of our caseload, registry systems, and mediation and hearing processes, with the goal of creating concise and measurable objectives and of tracking results. We will examine different ways of conducting our operations, such as earlier and more consistent case evaluation and management and alternative scheduling approaches, along with different dispute resolution methods.

Looking ahead

A great deal of planning and effort took place to launch the Case Flow Initiative. A critical component to ensure its success will be consistent, transparent, and ongoing engagement with our stakeholders. This includes seeking feedback, sharing ideas, and providing progress updates throughout each phase.

I look forward to seeing the Case Flow Initiative come to fruition!

Early Resolution Program

The Early Resolution Program helps parties resolve their disputes much more quickly and without need of a hearing. The Program aims to solve cases sooner by having open and evaluative discussions between the parties involved and an Early Resolution Officer (the ERO). Conversations can be held with the parties jointly or separately.

The ERO may ask questions about your dispute to clearly understand your concerns. It is essential that you meet with the ERO fully prepared to discuss, in detail, all issues relevant to your case. With the information you provide, they can help you evaluate the strengths and weaknesses of your case, based on the facts, the availability of evidence to prove the facts, and the way the Board has decided similar cases. And, they can help you look at possible solutions to get your dispute resolved appropriately, quickly and efficiently.

If the dispute isn’t resolved through these discussions, the ERO might suggest to you, or recommend to the Board, that you try one of the Board’s dispute resolution methods like mediation, a settlement conference, expedited adjudication, or mediation/arbitration. The ERO can also recommend that a matter proceed to a case management conference before a board member.

If the matter does go to a hearing, nothing that the ERO has discussed with you will be shared with the Board member who hears the matter if it has been shared in confidence. However, the ERO can help you to narrow the issues in dispute, handle any initial problems, and help ensure that the case is all set for a quick and efficient hearing.

For more information about the Early Resolution Program, you can contact