During the hearing

The following is a general idea of what happens during the tribunal hearing. The Tribunal Chair is the member appointed to run the hearing and may vary this approach.

  1. The Tribunal Chair introduces everyone and goes over the hearing process.

  2. The Tribunal Chair invites each party to make a brief opening statement, stating their case. If the Director is involved, the Director's lawyer goes first, then the complainant, and then the respondent.

  3. The Director's lawyer or complainant presents their case first by calling their witnesses and asking them questions. The other parties will be able to ask the witnesses questions after the Director is finished (this is called cross-examination).

  4. If the complainant has a different position than the Director, they present their case next by calling their witnesses and asking them questions. The other parties will be able to ask the witnesses questions after the complainant is finished.

  5. The respondent presents their case last by calling their witnesses and asking them questions. The other parties will be able to ask the witnesses questions after the respondent is finished.

  6. The Tribunal Chair will sometimes ask the witnesses questions.

  7. The Tribunal Chair asks each party to make their closing statements. If the Director is involved, the Director's lawyer goes first, then the complainant, and then the respondent.

  8. The Tribunal Chair ends the hearing and lets the parties know when they can expect the Tribunal's written decision.

Failure to attend a hearing

If a party was notified of the hearing but does not attend, the Tribunal can go ahead with the hearing without that party.

  • If the complainant does not attend the hearing, the complaint could be dismissed.

  • If the respondent does not attend, the Tribunal can decide whether or not to go ahead with the hearing without them. The Tribunal may not give any further notice to a respondent that does not attend a hearing.

Recording the hearing

Hearings are recorded digitally. An accurate record of the proceeding is necessary in case either party decides to appeal the Tribunal's decision to the Court of Queen's Bench. No other party, without prior approval of the Tribunal, may record a hearing. The practice direction on recordings and transcripts of proceedings has more information.

 

Revised: March 12, 2021


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