What is the test for Sur-reply?
British Columbia, Canada
The following excerpt is from Boehler v. Canfor (No. 3), 2011 BCHRT 73 (CanLII):
Sur-reply is only allowed where the member deciding the application determines that a new issue has been raised in the reply and that 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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