In This Section |
Rules of Procedure for the
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| Author: | Sue Gillespie - General Manager, Secretary/Appeal Tribunal |
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| Creation Date: | 01 January 2001 |
| Last Reviewed: | 09 November 2004 |
| 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 |
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Method of service
7.01 Service may be effected by delivering the notice or document,
Effective date of service
7.02 Service is deemed to be effective,
Service after 4:00 p.m.
7.03 A notice or other document which is delivered to the person to whom it is addressed after 4:00 p.m. or on a statutory holiday or a Saturday or a Sunday shall be deemed to have been served on the next day which is not a statutory holiday or a Saturday or a Sunday.
Affidavit proving service of notice
7.04 Where the Tribunal has directed a party to an appeal to give notice in accordance with Rule 6.02 an affidavit proving the giving of notice shall be filed with the Tribunal at the commencement of the hearing.
Proof that service not made
7.05 person shall be deemed to have been served with
a notice or document delivered in accordance with this rule unless
that person establishes to the satisfaction of the Tribunal that
the notice or document was not received until a later date or was
never received due to absence, accident, illness or other cause
beyond the control of that person.
Where order may be made
8.01 Where the Tribunal considers that two or more appeals are related to each other by common facts, issues, questions of law or for any other reason, the Tribunal may,
Discretion of presiding members
8.02 Where the Tribunal has made an order that appeals
be heard at the same time or one immediately after the other, the
Tribunal or division thereof at the hearing, nevertheless, has jurisdiction
to order otherwise.
The Hearing
9.0l Upon receipt of an appeal the secretary to the Tribunal shall, in consultation with the clerk of the Tribunal, consult the parties and fix a date, time and place for the holding of the hearing and shall give notice of the hearing to the parties.
Oral Hearing
9.02 Hearings of appeals by the Tribunal shall be by oral hearing, unless otherwise determined by the Tribunal.
Location of Hearing
9.03 The Tribunal may hold hearings at any place in Ontario.
Adjournments
9.04 The Tribunal may, at the request of any party to an appeal, adjourn the hearing for such periods of time and upon such terms as the Tribunal considers just.
Directions
9.05 The Tribunal, on motion by a party or on its
own motion, may give directions respecting the conduct of a pending
hearing in advance of the commencement of the hearing.
Electronic hearings to be public
10.01 All electronic hearings shall be open to the public except where the Tribunal determines that the appeal should be heard in the absence of the public.
Factors to be considered
10.02 In deciding whether to conduct an electronic hearing or not the Tribunal may consider any relevant factors, including,
Conversion to another mode
10.03 The Tribunal may convert an electronic hearing to an oral hearing whenever the Tribunal deems it appropriate or to a written hearing with the consent of all of the parties.
Notice of an electronic hearing
10.04 Notice of an electronic hearing shall include,
Objections to the electronic format
10.05 A party who objects to a hearing being held as an electronic hearing shall notify the Tribunal and all other parties to the appeal of its objection within three business days of receiving notice of the electronic hearing.
Response to notice of objection
10.06 All other parties shall send a written response to the objection to the Tribunal within six business days of receiving the objection unless the Tribunal orders otherwise.
Contents of notice of objection
10.07 In a notice of objection the objecting party shall set out the reasons why the objecting party believes that an electronic hearing is likely to cause the objecting party significant prejudice.
Procedure when objection is received
10.08 If the Tribunal receives an objection to the use of the electronic format it may,
Tribunal to provide directions
10.09 For the purposes of clause 10.08 (c) the Tribunal shall provide directions to the other parties regarding the form and content of their responses to the notice of objection and for the reply, if any of an objecting party to these responses.
Terms and conditions
10.10 The Tribunal may, in order to facilitate the holding of an electronic hearing, impose terms and conditions, including specifying who will set up the electronic hearing, and requiring a party who requests an electronic hearing to pay all or part of the cost of providing the facilities necessary for the conduct of the hearing electronically.
Participants to Remain in view of Camera
10.11 While a video conference hearing is in progress all persons at the video conference site must remain in view of the camera at all times.
Hearing in the absence of a party
10.12 If a party to an electronic hearing does not
object or participate the Tribunal may proceed without the party's
participation and the party will not be entitled to any further
notice in the proceeding.
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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 |
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