Practice Guide for Hearing Appeals
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Hearing
Types of procedures
If an appeals officer decides to hold a hearing, such hearing is generally held in the presence of the parties and/or their representatives.
The appeals officer may decide to proceed in a different manner, including by written submissions, telephone or video conference, or in any other manner that enables the parties to present evidence and make submissions. The appeals officer chooses the procedure of his own initiative, after consulting the parties or following their request.
Notice of hearing
Once the file is completed, the appeals officer has a notice sent to the parties, to advise them of the date, time and location of the hearing.
On so doing, the appeals officer endeavours to have this notice sent sufficiently early so that the hearing can proceed without delay.
Pre-hearing conference
If he deems it necessary, the appeals officer may hold a pre-hearing conference to deal with particular matters relative to the hearing and:
- decide on preliminary issues;
- clarify the issues at bar;
- advise on the procedure to be used, including whether the hearing will proceed in an expedited manner;
- decide whether the health and safety officer whose decision or direction is being appealed will be summoned to attend the hearing as a witness;
- establish the list of witnesses and expert witnesses of each party;
- determine the hearing dates as well as the length of the hearing;
- resolve any other matter that could assist in the production of evidence and enable the hearing to proceed without delay;
- ask the parties to write and forward an agreed statement of facts and issues.
Opening statement
At the outset of the hearing, the appeals officer may choose to make an opening statement. This will enable the appeals officer to introduce himself and deal with different issues, thus allowing the hearing to proceed without delay, more particularly:
- identify the parties;
- describe the case and specific matters at bar;
- explain the applicable onus of proof;
- clarify the hearing procedure to be followed and the rules applicable to the submission of written material and oral evidence;
- explain the decorum expected of all individuals taking part in or attending at the hearing.
Public hearing
Hearings are generally open to the public. However, the appeals officer may decide otherwise of his own initiative or at the request of a party.
Preliminary matters or objections
Before proceeding on the merits of the case, the appeals officer allows parties to address preliminary matters or objections if needed.
Parties’ representations
The appeals officer allows parties to make representations on these matters or objections before giving his ruling.
Ruling
The appeals officer may rule immediately on these matters or objections or reserve his decision.
Preliminary statements of parties
Once preliminary matters and objections have been dealt with, the appeals officer may allow each party to make an opening statement. This enables them to summarily explain how they intend to present their case, to briefly indicate what their evidence will be and to specify the conclusions they seek.
Exclusion of witnesses
At the outset of the hearing and at any time thereafter, the appeals officer may, of his own initiative or at the request of a party, order the exclusion of any witness from the hearing until that individual is called to testify.
Exception
A witness cannot be excluded if, in so doing, the rules of fairness applicable to that witness would be violated. However, in such a case the appeals officer may order that the individual testify in priority.
Other individuals
The appeals officer may also order the exclusion from the hearing of any individual whose behaviour is disruptive.
Proceeding order
The appellant is the first party to present his case. If there is more than one appellant, each appelllant’s case is heard first. This is followed by the respondent’s case, after which the intervener presents his case. Lastly, the appellant can offer evidence in reply.
Except if the appeals officer decides otherwise, the parties present their case as follows:
- examination-in-chief of witnesses by the party who summoned them and production of documents and exhibits;
- cross-examination of the witnesses by the other party or parties;
- re-examination of the witnesses by the initial party;
- questions from the appeals officer.
Final argument
After their case submission, the parties present their final argument in the same order as the presentation of the case. The appellant or appellants may then reply to the arguments made by the other parties.