Before the hearing

The Tribunal Registrar will arrange a pre-hearing teleconference with the complainant and respondent (the parties).

Pre-hearing teleconference

Pre-hearings are generally 30 minutes to one hour.

The purpose of the pre-hearing is to address:

  • Any preliminary or procedural matters, including whether the preliminary or procedural issues should be determined in writing, in person, or by other means,
  • The possibility of an agreed statement of fact,
  • The names and phone numbers of any people the parties propose to call as witnesses,
  • The number of days each party estimates it will take to present their case, and
  • Any requested accommodations that the parties or their witnesses will need.

It is also to set:

  • The hearing date(s),
  • The format of the hearing (in-person or virtual), and
  • Deadlines for delivering documents that will be relied upon at the hearing.

After the pre-hearing is over, the Tribunal Registrar will send the parties a summary of the decisions made at the pre-hearing, including deadlines to file documents and confirmation of hearing dates.

Can I ask to change the date of my hearing?

Once the hearing dates are set, changes to the date (called an adjournment) may be requested, but are not always given.

A party who requires a change in date must immediately write to the Tribunal Registrar and the other parties providing the reasons why they need to change the hearing dates. The tribunal will consider the adjournment and provide a decision. Review the practice direction on adjournments before requesting one.

Documents for the hearing

Before the hearing, each party must file the following hearing submissions with the Tribunal Office and send them to the other parties by the deadlines determined at the pre-hearing:

  • A witness list,
  • A summary of what each witness will say,
  • A copy of any expert witness' curriculum vitae,
  • Any documents the party intends to rely upon at the hearing.

Parties must ensure they file hearing submissions by the deadline. If not, the Tribunal may not accept the submissions at the hearing. The practice direction on information to be filed prior to a hearing has more details.

 

Revised: March 12, 2021


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