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.

| Back to Index | Previous Page | Next Rule |

| Top of Page |

| Rule 1 | Rule 2 | Rule 3 | Rule 4 | Rule 5 | Rule 6 | Rule 7 | Rule 8 | Rule 9 | Rule 10 | Rule 11 | Rule 12 | Rule 13 |
| Rule 14 | Rule 15 | Rule 16 | Rule 17 | Rule 18 | Rule 19 | Rule 20 | Rule 21 | Rule 22 | Rule 23 | Rule 24 | Rule 25 |
| Rule 26 | Rule 27 | Rule 28 | Rule 29 | Rule 30 | Rule 31 | Rule 32 | Rule 33 | Rule 34 | Rule 35 | Form 1 | Form 2 |