In these rules the following words will have the following meanings:

Affidavit	means a written statement by a person who states that its contents are true, and which is confirmed as true by oath, affirmation or such other manner as is recognized under the laws of Ontario.
Adjournment	means the rescheduling of a hearing, prehearing or motion to a later date.
Appeal	means a written request for a hearing from a decision or proposal filed with the Licence Appeal Tribunal pursuant to statute.
Business day	means any day other than Saturday or a holiday within the meaning of subsection 88(2) of the Legislation Act, 2006, S.O. 2006 chapter 21, Schedule F
Certified Form	means a copy of a document, which is recognized under the laws of Ontario as a true copy of the original.
Cross-Examination	means the examination of a witness by the opposing party after the witness has completed his or her testimony.
Deliver	means to serve a person or corporation with a copy of a document and to file the document and proof of its service with the Tribunal as required by Rule 4.
Document	includes a sound recording, videotape, film, photograph, chart, graph, map, plan, survey, book of account, and information recorded or stored by means of any device.
Examination in Chief	refers to the presentation of evidence by a party and the party's witnesses prior to cross-examination by opposing parties.
File	means effective delivery of documents to the Registrar.
Hearing	means the opportunity of a party to present or to defend their appeal of a decision or proposal before the Tribunal under any Act or regulation and includes an electronic hearing by telephone conference or other electronic technology, an oral hearing involving the attendance by the parties or their representatives, and a written hearing by means of the exchange of documents, whether in written or electronic format and may include a combination of all three.
Holiday	means Saturday or Sunday, New Year's Day, The Third Monday in February [Family Day], Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, and any special holiday proclaimed by the Governor General or the Lieutenant Governor; and where New Year's Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday, and where Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday are holidays; and where Christmas Day falls on a Friday, the following Monday is a holiday.
Member	means an individual appointed a member of the Tribunal by the Lieutenant Governor in Council and includes the Vice-Chairs and Chair. One or more of such members are referred to as a panel, when designated by the Chair to conduct a prehearing or a hearing.
Motion	is a request by a party, or person seeking status as a party, at or prior to a hearing before the Tribunal for a remedy.
Particulars	means facts required to ascertain or clarify the nature of a party's allegation and on which that party is relying, but does not mean that the evidence, which that party may use to prove such allegation, is true.
Party	means a person or corporation recognized by the Tribunal as having the status to participate in the proceedings as applicant, or respondent, or party specified by the Tribunal as an added party.
Peremptory	means that the party must proceed with the presentation of his or her case without further delay on the date fixed by the Tribunal. Should the party fail to do so, the Tribunal has the discretion to impose costs.
Pre-hearing conference	means a conference conducted by the Tribunal by oral, electronic or written means with the parties and a member of the Tribunal in advance of a hearing and conducted under these rules to consider issues, procedures or matters pertaining to a hearing. The purpose of the pre-hearing is to simplify the hearing, which requires the Tribunal to identify the parties, determine whether, the parties have reached an agreement on issues of fact, assess the qualification of experts, capacity of the parties or any other matters or would benefit from mediation in order to settle the dispute on consent without a hearing. Prehearings may be held in the same format as hearings.
Proceedings	means a matter before this Tribunal including motions, appeals and hearings.
Registrar	means the Tribunal’s Registrar.
Representative	means the lawyer or the agent who the Tribunal is satisfied is authorized to represent a party in proceedings before the Tribunal.
Rules	means the Rules of Practice of the Licence Appeal Tribunal prepared pursuant to the Statutory Powers Procedures Act., R.S.O. 1990, c. S. 22.
Service	means the effective delivery of documentation to any person or party or their representative in a manner required by Rule 4.
Settlement	means attempting to settle in a final way any issue or any facts in dispute in the proceedings.
Summons	means an order issued by the Tribunal at the cost of the person requesting the summons requiring a person or a party to attend a hearing to testify and to bring to the hearing all relevant documents.
Tribunal	means The Licence Appeal Tribunal.
Without prejudice offer	means an offer to settle a dispute that reserves the party’s right to pursue a claim and which is not legally binding until some other conditions are met.

The Tribunal shall provide in every notice of hearing or notice of pre-hearing conference,

In addition to the requirements prescribed in Rule 3.2, the Tribunal shall include in a notice of oral hearing,

In addition to the requirements prescribed in Rule 3.2, the Tribunal shall include in a notice of electronic hearing,

In addition to the requirements prescribed in Rule 3.2, the Tribunal shall include in a notice of written hearing,

In addition to the requirements prescribed in Rule 3.2, the Tribunal shall include in a notice of a pre-hearing conference,

A summons issued by the Tribunal to require a person to give evidence on oath or affirmation or to produce in evidence documents and things at an oral or electronic hearing shall be served personally on the person summoned. It is the responsibility of the party requesting the summons to ensure that it is served and filed and that the fees are paid to the witness. The fees or allowances paid for attending a Tribunal hearing are the same as are paid to a person summoned to attend before the Ontario Superior Court of Justice.

For documents other than a summons issued by the Tribunal as provided in Rule 4.1, the following rules apply:

Documents may be filed with the Tribunal by any of the methods provided in Rule 4.2(1), but the time of filing will be the time of actual receipt by the Tribunal.

In the computation of time under these rules or in an order of the Tribunal, except where a contrary intention appears,

Except for the report of an expert witness to which Rule 6.4 applies or expedited hearings to which Rule 6.5 applies, a party to a hearing at least 10 business days before the pre-hearing, if one is scheduled, or the hearing shall:

For the purpose of these Rules, “Expert witness” is a witness

Where a party intends to rely on or refer to the evidence of an expert witness, that party shall provide to every other party the following information writing:

Subject to Rule 6.5 which applies to expedited proceedings, the disclosure required by Rule 6.4.2 above shall be made,

A party intending to challenge an expert’s qualifications or report or will say statement shall notify the other party and file a statement with the Tribunal as soon as possible and no later than five (5) business days prior to the hearing indicating:

Hearings by the Tribunal under the Highway Traffic Act, R.S.O. 1990, chapter H.8 (the “Act”) with respect to an appeal under section 50 of the Act arising from a decision under section 32(5)(b)(i) or 47 respecting the suspension or cancellation of a driver’s licence on the basis of a medical condition or the fitness to drive of the holder of the licence, or with respect to an appeal under section 50.1, or 50.2 or 50.3 of the Act shall be considered expedited proceedings and the following rules of disclosure apply:

The Tribunal may at any stage of the proceeding order a party:

Subject to the provisions of these Rules governing restricted access,

An oral hearing shall be open to the public and a written hearing shall permit members of the public reasonable access to the documents submitted by the parties unless the Tribunal is of the opinion that,

A party may, prior to or upon the filing of a document, make a request to the Tribunal, with notice to the other parties, that all or any part of the document not be accessible to the public, and a request that a document not be accessible to the public shall:

A party who objects to a request for restricted access to a document shall give reasons for such objection to the Tribunal and to every other party, and the party seeking restricted access shall have an opportunity to reply to such objection and after giving the parties reasonable opportunity to make submissions as to the issue,

Where a party intends to raise a question about the constitutional validity or applicability of legislation, a regulation or by-law made under legislation, or a rule of common law, or to claim a remedy under the Canadian Charter of Rights and Freedoms, then pursuant to section 109(6) of the Courts of Justice Act, R.S.O. 1990, Chap. C. 43.

The Tribunal on its own initiative or in response to a motion by one of the parties may direct the parties to participate in a pre-hearing conference for the purpose of:

Unless otherwise ordered by the Tribunal, an electronic hearing is not open to the public.

When a party objects to the format of a hearing and has delivered an objection as provided in Rule 10.3, the Tribunal may,

A party tendering a witness statement as evidence at a hearing shall, where directed by the Tribunal file the statement in either certified form or affidavit form.

Subject to Rule 11.1, when a party to a hearing intends to bring a motion before the Tribunal,

If the adjournment request is made on medical grounds, the party requesting the adjournment shall provide a currently dated legible medical certificate signed by a legally qualified medical practitioner whose name and address are printed or stamped on the certificate. The certificate shall set out particulars as to

The certificate shall be used only for the purpose of the adjournment request unless otherwise ordered by the Tribunal and a restricted access order shall be made with respect to the certificate in accordance with Rule 7.

The Tribunal in determining whether a party has acted unreasonably, frivolously, vexatiously, or in bad faith shall consider all of the circumstances, including, without limiting the generality of the foregoing, circumstances such as a party:

Where the Tribunal determines that an order for costs may be made under Rule 14.

Note: Practice Directions include direction, notice and guidance for the purpose of assisting the parties and governing the Tribunal’s proceedings. The parties should make every effort to comply with any direction contained in a Practice Direction. In the event of inconsistency with the Rules of Practice, the Rules govern.

The Tribunal has the authority to postpone or adjourn or change the date of a hearing or pre-hearing, where it is satisfied that such a change is required to permit an adequate hearing to be held. Adjournments are not granted as of right. Simply put, justice delayed is justice denied. There is a public interest that must always be considered in the Tribunal providing a process that is optimal, cost effective and timely. The same provisions apply whether the adjournment request is for a hearing or a pre-hearing.

Refer to Rules of Practice:

Rule 12 – Adjournments

Rule 11 – Motions

Rule 4 – Service and Filing

What will the Tribunal consider?

In deciding whether or not to grant a request for a change in date, the Tribunal will consider the criteria set out in Rule 12. The request should include such information as:

• Is the appeal under the Highway Traffic Act with respect to suspension or downgrading of a driver’s licence for medical reasons or a vehicle impoundment?
• Is the adjournment necessary in order to satisfy the rules of natural justice and provide procedural fairness?
• Will the party requesting the adjournment otherwise be deprived of a reasonable opportunity to present the case?
• Has the party requesting the adjournment requested an adjournment in the past, and if so, what are the conditions if any on that adjournment?
• What are the consequences of granting or refusing the adjournment including the prejudice to the parties’ interest in a full and fair hearing, the integrity of the Tribunal’s process, inconvenience to expert witnesses and witnesses who have been summonsed, and costs to other parties that may not be recoverable?
• Will the adjournment enhance the likelihood of resolution or significant narrowing of issues if more time is given for the parties to negotiate?
• The availability of reasonably close alternative dates for the Tribunal, counsel and parties.
• Have the other parties requested adjournments and if so for what reasons?

Availability of counsel or agent

It is the party’s responsibility to ensure that the lawyer or agent being retained is available on the scheduled hearing date(s) and has sufficient time to prepare for the hearing.

Counsel and agents who are retained by a party after a hearing date has been set should accept the retainer only if they are available on that date and have sufficient time to prepare their case.

Unless the circumstances are exceptional or highly unusual, the Tribunal will not adjourn a hearing or pre-hearing to accommodate the convenience of counsel or agent retained by one of the parties. The Tribunal will consider a conflict with a previously scheduled court or Tribunal hearing date as a valid reason for changing the date in circumstances where the conflict is unavoidable.

Consent Adjournments and Agreed Dates

Even where the parties consent to an adjournment, the Tribunal will not change a date for a pre-hearing or hearing unless the parties also provide an agreed new date(s) for the matter to go ahead, and confirm they can attend on the new date(s). The parties should provide at least three agreed alternative dates in case the Tribunal is fully booked. The parties should provide alternative dates that are as early as they can accommodate.

Reasons that are not sufficient for a postponing of the hearing or pre-hearing, unless the parties show exceptional circumstances.

Each request for an adjournment will be considered on its own merits in the context of the particular case but the parties should be aware of the following:

Other court proceedings
Generally speaking, the scheduling of a hearing at the Tribunal will not be delayed because a party is pursuing a civil action on similar issues or there are other court proceedings.

Medical reasons
If a party requests an adjournment for medical reasons, a medical certificate or an affidavit setting out the circumstances must be provided to the Tribunal addressing the issues referred to in Rule 12.

Conflict with vacation or other personal commitments
Unless there are exceptional circumstances, the Tribunal will not adjourn a matter to accommodate vacation, absences from the country or other personal commitments. Therefore, if there are commitments that you cannot change, you should bring those to the attention of the Tribunal before the Notice of Hearing is sent out, preferably at the time you file the Notice of Appeal or you are informed of the appeal.

Previous adjournment requests
When a hearing has been adjourned once at the request of a party, unless exceptional reasons are established to the satisfaction of the Tribunal, no further requests for adjournment from that party will be granted.

Lack of Disclosure
The Tribunal will usually not adjourn a hearing for lack of disclosure by a party.

Witnesses
The Tribunal will not grant an adjournment within ten business days of a hearing on the basis that witnesses are not available where a party requesting an adjournment has not summonsed the witnesses in a timely manner, giving the witnesses reasonable notice of the hearing.

Adjournments will be granted on a peremptory basis

New hearing date(s) are set on a peremptory basis as against the party or parties requesting the adjournment. This means that the party or parties making the request for the adjournment are required to proceed with their case on the next hearing date fixed by the Tribunal without further delay.

How to Request an Adjournment

Refer to Rules 4 and 12 of the Tribunal’s Rules of Practice

Send a letter to the Tribunal and the other parties setting out the request for an adjournment. The letter must be served in accordance with the Rule 4. To provide sufficient notice of proof of service to the Tribunal, send a copy of the letter to the parties to the Tribunal and indicate which method of service on the other parties was used.

In the letter, include the following information, bearing in mind the factors to be considered by the Tribunal:

• Whether the other parties consent to the request and to the date suggested for the commencement or continuation of the hearing.
• Detailed reasons for the request, including, if appropriate, affidavit evidence or, for example, a medical certificate from legally qualified medical practitioner where an adjournment is requested for medical reasons.
• Any urgency for the request that is based on the public interest.
• If the request for an adjournment is based upon a joint-party initiative to mediate the issues, the mediation schedule and objectives are to be set out.
• Three alternative dates when the party requesting the adjournment is available to proceed with the hearing.
• Any other factors relating to the considerations listed above.

What happens next?

For requests received at the Tribunal more than 10 business days before the hearing date(s)

If all the parties consent to the change to a different date, the Tribunal may issue an Order granting the change to the new date agreed to by the parties. The circumstances that would lead the Tribunal to refuse such an order would relate to the public interest in the timely resolution of disputes before the Tribunal and in protection of consumers, and whether or not there had been previous adjournments.

If one of the parties does not consent to the adjournment, the requesting party may ask for a motion date to present its argument for the adjournment and the Tribunal will schedule a date for that motion. If a motion date is set, the parties or their representatives must appear in accordance with the direction of the Tribunal. The Tribunal member will hear presentations by the parties on the adjournment request and will issue a decision on the request.

Any Tribunal order changing the date will probably include conditions on the adjournment. If the request for an adjournment is based upon the need for a further inspection (e.g. inspection performed under the Ontario New Home Warranty Program ), or other similar event, the adjournment order may include a requirement for periodic progress reports to the Tribunal.

For requests received less than 10 business days before the hearing date(s)

If all parties consent, and the Tribunal is satisfied that this is an appropriate case for a change in the hearing date, the Tribunal will issue an order setting the new hearing date and any appropriate conditions.

If one party does not consent to the adjournment, unless there are exceptional circumstances:

1. All of the parties are required to appear before the Tribunal panel at the scheduled date to present their arguments regarding the adjournment; and
2. All of the parties must be prepared to proceed with the hearing, should the Tribunal panel not grant the adjournment.

If clarification is required concerning bringing a motion for an adjournment, a party or counsel may contact the Tribunal’s CAO and Registrar.

Refer to Rules 9 – Pre-hearing conference
                           6 – Disclosure

Note: Practice Directions include direction, notice and guidance for the purpose of assisting the parties and governing the practice of proceedings before the Tribunal. The parties should make every effort to comply with any direction contained in a Practice Direction. In the event of inconsistency with the Rules of Practice, the Rules govern.

Principles

• The pre-hearing is a process by which the Tribunal keeps a file moving to resolution, provides clarity of responsibilities and duties of the parties, and provides enforcement mechanisms for the process leading up to a hearing.
• A pre-hearing may be held whenever one of the parties requests a pre-hearing and in matters where the Tribunal believes, in its discretion, that a pre-hearing will add value to the process.
• Disclosure of documents between the parties is to occur prior to the pre-hearing to the extent that disclosure can be achieved at that stage of the dispute.
• The pre-hearing should be used to achieve settlement of disputes as to facts, to narrow issues and to foster dialogue between the parties and to enhance the potential for settlement.
• A member of the Tribunal who conducts a pre-hearing will, wherever possible, conduct any subsequent pre-hearings in the same matter.

With few exceptions, in cases before the Tribunal at least one party is unfamiliar with the steps leading to the hearing and the process in the hearing itself. The pre-hearing is an opportunity for that party to learn more about the process. It may therefore be necessary to schedule a subsequent pre-hearing to address issues such as disclosure, restricted access to documents, etc.

What to expect at the pre-hearing?

The pre-hearing is not open to the public unless the Chair so determines, or the member presiding determines that any part of the pre-hearing should be held in public. No part of the pre-hearing that is settlement discussions will be held in public.

Prior to the pre-hearing, the Tribunal panel will have reviewed the Notice of Appeal and the Decision being appealed. In addition, the Tribunal panel will review the documents that are central to the dispute and have been submitted by the parties to the Tribunal either at or prior to the pre-hearing, such as experts’ reports, photographs, letters, agreements, notices, etc.

The Tribunal panel will review, in the course of the pre-hearing, the parties’ obligations under the Rules of Practice and the expectations for the hearing itself.

Any documents provided to the Tribunal panel that are provided solely for the purpose of settlement will be returned to the party who submitted those documents after the pre-hearing order is issued.

The Tribunal panel will also canvas with the parties whether or not they want to discuss settlement and, if so, what process to use to achieve settlement. In doing so the Tribunal panel may separate the parties into different rooms so that the panel can speak confidentially with each party about the settlement of the issues and the dispute in an effort to assist the parties in reaching settlement. A party may request that the Tribunal panel not disclose to the other party confidential information disclosed by that party to the Tribunal panel in the course of the settlement discussions.

The Tribunal panel may, if requested by a party, provide his/her own evaluation of the case, based on what the Tribunal panel has heard in the course of the pre-hearing solely for the assistance of the parties in achieving settlement. That evaluation will not be provided to anyone else without the party’s consent and will be not disclosed in the course of the hearing. This evaluation may be of assistance to the parties in their settlement discussions, but the parties are cautioned that the evaluation may be different than the outcome of the hearing which will be based on sworn or affirmed testimony of witnesses and the evidence heard by the hearing panel.

The Tribunal panel conducting the pre-hearing will not conduct the hearing. Therefore, except where the parties agree on a settlement of issues or facts that is recorded in the pre-hearing order, the hearing will proceed as if the settlement discussions had not occurred and the evaluation given at the pre-hearing shall not be disclosed by anyone to the hearing panel as it is irrelevant and not binding on the Tribunal.

What happens at the end of the pre-hearing?

At the end of the pre-hearing, the Tribunal will issue an order reflecting what has been accomplished at the pre-hearing. The usual terms of such an order include:

• the identity of the parties to the proceeding,
• dates for completion of disclosure if it has not already been completed,
• notation of settlement of any issues or statements of fact, and
• confirmation of the date of the hearing, which has already been set.

On the request of one of the parties, the Tribunal may conduct more than one pre-hearing in a matter, for instance:

• To assist the parties in achieving early resolution of their dispute, or
• To resolve disputes as to compliance with the terms and conditions of the pre-hearing order.

Cost consequences

Where settlement discussions occur at a pre-hearing and do not result in the settlement of the case, Rule 9.13 provides that no party shall reveal these settlement discussions at the hearing. The Tribunal has the power to award costs against any party who does not abide by this Rule.

Refer to Rule 6

Note: Practice Directions include direction, notice and guidance for the purpose of assisting the parties and governing the Tribunal’s proceedings. The parties should make every effort to comply with any direction contained in a Practice Direction. In the event of inconsistency with the Rules of Practice, the Rules govern.

Why have experts give evidence?

The evidence of experts with special knowledge or training in a technical or scientific field is often helpful to the parties and the Tribunal in arriving at the correct outcome for a dispute. The Tribunal has the authority to ensure that witnesses who hold themselves out to be experts have the expertise to properly assess complex technical problems and to recommend solutions that reflect an understanding of the facts.

For appeals under the Highway Traffic Act related to suspension of a driver’s licence or downgrading of licence due to medical reasons, medical experts are not usually required to attend as witnesses. The Tribunal relies on the medical reports that have been filed with the Ministry of Transportation in accordance with the Highway Traffic Act or that are disclosed by the applicant prior to the hearing. As well the Tribunal is required to appoint a legally qualified medical practitioner to hear such matters.

Assisting in understanding Experts

Experts are expected to communicate their findings and recommendations in plain language with a minimum of technical jargon, even though the dispute may involve problems or issues of a scientific or technical nature. To assist everyone, the Tribunal requires that there be full disclosure of the expert’s conclusions and recommendations, either in a report or a “will say” statement setting out the expert’s testimony in a summary form.

In all cases, the expert’s name and address must be clear and legible on any reports, will say statements or other documents filed. A listing of the expert’s qualifications including education and training must be provided with any report or documents filed.

Notice requirements

Any party intending to rely on an expert witness is required to provide notice to the other party. Refer to Rule 6 for the details of the timing of the notice and also what information must be given. The intent is that the other party know who the expert is, the qualifications for their expertise, what issue the expert is commenting on, a summary of what the expert is going to say including findings, conclusions and any solutions recommended. The other party is also entitled to see any photographs or plans or other documents relevant to the expert’s opinion.

The parties are encouraged to exchange expert reports well in advance of the time frames set out in the Rules. For instance, there is a better chance of settling the case at the pre-hearing if the parties know what the experts will say. In addition, the parties should make an effort to come to agreement on recommendations by experts that may assist in narrowing the issues at a hearing.

At the hearing

A party is required to have the expert witness at the hearing to testify, other than in medical appeals under the Highway Traffic Act. Unless the other parties consent, the expert should attend the hearing to testify and if the expert does not attend, the report will not normally be admitted as an exhibit. It is not sufficient to give the expert’s report to the other parties and file it at the hearing with the Tribunal without the expert coming to the hearing.

To ensure the efficient allocation of Tribunal resources, the parties are required to confirm with the Tribunal and the other parties in advance of the hearing whether or not they take issue with the qualifications of the expert and whether or not they require the other party’s expert to attend to testify.

Where the experts’ reports have been provided to the other party, the Tribunal may conduct a pre-hearing where the experts’ conclusions could be discussed, if requested by the parties, to resolve some or all of the issues.