Rules of Procedure for the
Farm Products Appeal Tribunal
Ontario Drainage Tribunal Farm Organizations Accreditation Tribunal
Crop Insurance Appeal Board
Rule 24 - Pre-Hearing Conferences
Direction to attend
24.01 The Tribunal, at the request of any person, or on
its own initiative, may direct the parties to an appeal and their counsel
or agents, as the case may be, to attend one or more pre-hearing conferences
for the purpose of considering any matter related to the appeal including,
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identification of parties and other interested persons
and the scope of their participation in the hearing;
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issues related to disclosure and the exchange of
information;
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identification and simplification of issues;
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identification of preliminary motions to be undertaken;
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procedural issues including the dates by which any
steps in the proceeding are to be taken or begun and the date on which
the hearing will begin;
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identification of facts or evidence that may be agreed
upon;
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settlement of any or all of the issues in dispute;
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the possibility of obtaining admissions which may
facilitate the hearing;
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the estimated duration of the hearing; and
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any other matters which may assist in the just and
most expeditious disposition of the appeal.
Notice of a pre-hearing conference
24.02 Notice of a pre-hearing conference shall be given
to the parties and such other persons as the Tribunal may direct.
Contents of notice
24.03 The notice shall include,
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the date, time, place and purpose of the pre-hearing
conference;
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whether the parties are required to exchange or file
documents or pre-hearing submissions as prescribed by Sub-rule 24.04
of these rules and, if so, the issues to be addressed and the date
by which they are required;
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whether parties are required to attend in person,
and
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if so, that they may be represented by counsel
or an agent; or
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if not, that their counsel or agent must be given
authority to make agreements and undertakings on their behalf
respecting matters to be addressed at the pre-hearing conference;
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a statement that if a person other than a party does
not attend the pre-hearing conference that person will not be entitled
to any further notice in the proceeding; and
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a statement that the members of the Tribunal presiding
at the pre-hearing conference may make orders with respect to the
conduct of the proceeding which will be binding on all parties.
Exchange of documents
24.04 The Tribunal, or member(s) of the Tribunal designated
to preside at a pre-hearing conference, may direct the parties to file
and exchange, by a specified date, documents or pre-hearing submissions;
may prescribe the issues to be addressed; and may direct that such documents
or submissions are not to be made available to the public or the hearing
panel.
Format of pre-hearing conferences
24.05 A pre-hearing conference may be held in person,
in writing or electronically.
No public access
24.06 A pre-hearing conference shall be closed to the
public unless the Tribunal directs that it be open to the public.
Settlement
24.07 If settlement of any or all of the issues in dispute
is a purpose of the pre-hearing conference, the member(s) of the Tribunal
designated to preside at the pre-hearing conference should meet with
each party separately to encourage settlement.
Limits on use of settlement discussions
24.08 If settlement of any of the issues in dispute is
discussed at the pre-hearing conference,
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statements made without prejudice at a pre-trial
conference shall not be communicated to the hearing panel;
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The members of the Tribunal who preside at the pre-hearing
conference shall not preside at the hearing of the appeal unless the
parties consent in writing or on the record;
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An agreement to settle any or all of the issues in
dispute binds the parties to the agreement but is subject to approval
by the Tribunal; and
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All agreements, orders and decisions which dispose
of an appeal shall be made public unless the Tribunal orders otherwise.
Orders, agreements and undertakings
24.09 Orders, agreements and undertakings made at a pre-hearing
conference shall be recorded in a memorandum prepared by or under the
direction of the members of the Tribunal who presided at the pre-hearing
conference.
Distribution of memorandum
24.10 Copies of this memorandum shall be provided to the
parties and to the Tribunal members presiding at the hearing of the
appeal and to such other persons as the members of the Tribunal presiding
at the pre-hearing conference directs.
Use of information in memorandum
24.11 The orders, agreements and undertakings in the memorandum
shall govern the conduct of the appeal and be binding upon the parties
to the appeal unless otherwise ordered by the Tribunal.
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