Chapter 10: Tribunal Procedures During Hearings

Question 1

3 hearing formats

Answer 1

1. Oral
2. Electronic
3. Written

Question 2

What is an Oral Hearing

Answer 2

A hearing in which all the involved individuals are physically present at the same place and time.

Question 3

Advantages and disadvantages of an oral hearing

Answer 3

Advantages:
Direct and efficient, can assess credibility, easier to cross examine, tribunal has most control over proceedings
Disadvantages:
Most expensive, requires coordination with all participants

Question 4

Advantages and disadvantages of electronic hearing

Answer 4

Advantages:
Save time and cost of travel, Video conference till enables observation, tribunal still has control over proceedings
Disadvantages:
Cost for video conference facilities, Potential delays in transmission

Question 5

5 steps in the basic procedure for oral and electronic Hearings

Answer 5

1. Introductory Comments
2. Outstanding Preliminary Matters
3. Opening Statements
4. Presentation of Evidence
5. Closing Statement

Question 6

Introductory comments

Answer 6

When applicant introduces themselves and their the reason for the hearing and their desired outcomes

Question 7

Outstanding Preliminary Matters

Answer 7

When the applicant mentions any last minute Preliminary matters that may have been missed during preliminary hearing

Question 8

Opening statement

Answer 8

When applicant introduces the the issue at hand in clear and concise detail

Question 9

Presentation of evidence

Answer 9

How applicant presents their case (the trial part)

Direct examination/Cross-examination/Rebuttal occur at this stage

Question 10

Closing statement

Answer 10

Applicant concludes their case and provides a conclusion for everything they have discussed

Question 11

Written Hearing

Answer 11

A hearing in which all information is provided in written form

Question 12

Advantages and disadvantage of Written Hearings

Answer 12

Advantages:
Save time and cost of travel, no need for coordination
Disadvantages:
Higher Preparation Costs, difficulty distributing materials, Less control over quality, responding to issues causes delays

Question 13

Basic Procedures of Written Hearing

Answer 13

1. Tribunal Notifies parties of steps and deadlines,
2. initiating party provides written submission to tribunal and other parties
3. Tribunal requests written response from responding parties
4. Initiating party may be given opportunity to respond to matters raised by responding parties
5. Tribunal notifies the parties the hearing is completed
6. Tribunal prepares and provides a written decision

Question 14

What rights to parties have

Answer 14

parties have full rights and participation including:

Right to: Notice, Be Present, Be Represented, Present Evidence, Cross-examine

Question 15

Representatives Duty

Answer 15

assist, advice and represent the client

Question 16

Witnesses Duty

Answer 16

Provide evidence

Question 17

Tribunal Staff Duty

Answer 17

Assist tribunal with administrative functions

Question 18

Agency Counsel Duty

Answer 18

Represent and advocate for any ABC involved in dispute

Question 19

Tribunal Legal Counsel Duty

Answer 19

Provide Legal advice to tribunal, Present and question witnesses on behalf of tribunal

Question 20

Court Reporter

Answer 20

record all testimony

Question 21

Tribunal Members

Answer 21

Establish and implement procedures, listen and make detailed notes, maintain control, Make fair and reasonable decisions.

Question 22

Example of 4 Preliminary matters

Answer 22

1. A party or representative is absent
2. Challenge to tribunal jurisdiction
3. Request to adjourn hearing
4. Request to stay proceedings

Question 23

2 Pontential Jurisdictional issues

Answer 23

1. Does tribunal have jurisdiction over dispute

2. does tribunal have jurisdiction to grant requested remedies?

Question 24

which 2 situations require a hearing adjournment

Answer 24

1. If failure to adjourn will deprive the party of a full and fair hearing granted that
2. The reason for adjournment is not the party’s fault.

Question 25

2 different Types of Stay of proceedings

Answer 25

1. Permanent Stay of Proceedings: Granted if hearing could result in serious wrongdoing or harm to party
2. Temporary stay of Proceedings: 2 situations
   A)Granted if a party is subject to civil or criminal proceeding arising from same matter
   B) Party is seeking judicial review of some aspect

Question 26

3 Basic components of Hearing Process

Answer 26

1. Opening Statement (Not always included)
2. Argument (Always included)
3. Closing Statement (Almost always included)

Question 27

purpose of opening statement and what to included

Answer 27

Give an outline of what tribunal can expect from your side

1. What you want
2. The issues
3. What you intend to prove
4. The evidence you’ll use to prove

Question 28

What is the order for presenting evidence

Answer 28

1. Party that initiated proceeding
2. Party or intervenors with similar interest in outcomes
3. Opposing parties or intervenors