Rule 30 - Order of Presentation
at a Hearing
Adding parties
30.01 Where persons who are not parties to a proceeding
wish to make submissions, the Tribunal will, by way of preliminary matters,
determine the issues that these persons wish to address and establish
the time in the proceedings that the Tribunal will hear these persons,
but no such person will be heard unless willing to undergo cross examination
by the parties to the hearing.
Opening Statements
30.02 Unless the Tribunal directs otherwise, each party
at the beginning of the hearing may give a brief opening statement that
describes the issues that the party will address during the hearing.
The statement should include a brief outline of the evidence the party
intends to call, a list of witnesses and the desired outcome of the
hearing.
Order of presentation
30.03 Unless specified otherwise in the statute or otherwise
directed by the Tribunal at the start of a hearing, the order of presentation
at the hearing will be
Variation for appeals under Drainage Act
30.04 At hearings of appeals made under the Drainage Act,
at the commencement of the hearing, a brief overview may be presented
by the engineer who prepared the report under appeal.
Rule 31 - Appeals under the Drainage
Act
Method of commencement
31.01 An appeal to the Tribunal shall be commenced by
serving a notice of appeal on the council of the initiating municipality.
31.02 A notice of appeal shall contain a statement of
the matter being appealed and the name, mailing address, including postal
code, and telephone number of each appellant.
Action by Clerk
31.03 The clerk of the Tribunal shall forthwith record
the notice and, except as otherwise provided in these rules or the Drainage
Act, send a copy of the notice to the Tribunal and to all persons assessed
for the drainage works. (Drainage Act, s. 99)
Parties
31.04 The parties to an appeal to the Tribunal shall be
the person making the appeal and such other persons as the Tribunal
may specify. (Drainage Act, ss. 51(2))
Notice of hearing
31.05 Upon receipt of a notice of appeal, the secretary
to the Tribunal shall, in consultation with the clerk of the Tribunal,
set a date for the hearing and cause a notice of hearing to be sent
to the Clerk of the Tribunal with instruction to serve the notice on
the parties to the appeal setting out the date, time and place at which
the appeal will be heard.
Stay
31.06 An appeal to the Tribunal operates as a stay in
the matter under appeal subject to the right of the Tribunal to limit
or define the scope of the stay.
Notice of decision
31.07 The Clerk of the Tribunal will send by facsimile
copy or by regular pre-paid mail addressed to the parties to any proceeding
who took part in the hearing, at their addresses last known to the Tribunal,
a copy of its final decision and order, if any, in the proceeding.
Assessment of costs
31.08 The costs of any proceeding before the Tribunal
shall be apportioned between the parties in such a manner as the Tribunal
considers proper. (Drainage Act, ss. 98(10), part)
Enforcement of order for costs
31.09 When the Tribunal orders a party or parties to any
proceeding to pay costs, the order for payment thereof may be filed
with the Small Claims Court and is enforceable as an order of that court.
(Drainage Act, ss. 98(10), part)
What costs chargeable
31.10 The costs chargeable to or to be awarded in any
proceeding may include the costs of witnesses and of procuring their
attendance, the costs of secretarial staff and such other costs as the
Tribunal may direct. (Drainage Act, ss. 98(11))
Costs for stenographic services
31.11 The Tribunal may fix the fees for stenographic reporters
employed and such fees shall be included in the costs of the hearing
and shall be borne and paid as the Tribunal may direct. (Drainage Act,
ss. 98(7), part)
Effect of Decision
31.12 Subject to the power of review, in any proceeding
under sections 8, 10, 48, 49, 50, 54, 64, 65, 66 and 75 of the Drainage
Act, the decision of the Tribunal is final.
