356Evidence

356  Evidence  (1) Evidence of a matter is not, without the leave of the Tribunal, admissible in proceedings under this Part if:  (a) the person who instituted the proceedings seeks to adduce the evidence before the Tribunal; and  (b) the person had not disclosed that matter to the Tribunal at least 28 days before the day fixed for the hearing of those proceedings.  (2) Information or a document is not, without the leave of the Tribunal, admissible in evidence in proceedings under this Part if:  (a) the Commission has determined a claim and, before doing so, gave the claimant a notice under section 330 requesting the claimant to give the Commission the information or document specified in the notice; and  (b) the claimant failed to comply with the notice; and  (c) the claimant had the information or document, or could have obtained it without unreasonable expense or inconvenience, before the determination was made.  (3) The Tribunal must not give leave under subsection (2) unless:  (a) the claimant provides a statement of reasons why he or she failed to comply with the notice; and  (b) the Tribunal is satisfied that there are special circumstances justifying the admission of the information or document in evidence.