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This information sheet describes what it means to call evidence at an Animal Care Review Board (ACRB) hearing. This will help you prepare your case for the hearing.
Evidence is information from witnesses, documents, or things (physical evidence) that the ACRB accepts as evidence.
Documents and things (physical evidence) include:
Witnesses, discussed further below, include people who have personal or professional knowledge about your case.
A witness is someone with personal knowledge about the events that the ACRB is considering in the appeal. An appellant may be a witness and testify at their own hearing. The ACRB will ask witnesses to make an affirmation to tell the truth.
An expert witness is a witness who is qualified to provide professional, scientific, or technical information and opinion in their specific field, based on special knowledge through education, training, or experience about the matters on which they will testify. An expert witness is expected to have the knowledge to accurately assess complex technical problems and to recommend solutions that reflect an understanding of the facts. The expert must provide a statement of qualifications in support of their expertise in a particular field or area, to the ACRB.
If the ACRB doesn't accept the witness as an expert, they may still testify at a hearing. However, they will not be able to provide opinion evidence.
Rule 10 of the Rules of Practice and Procedure requires parties to exchange information regarding expert witnesses who will be providing opinion evidence. One of the requirements is the provision of an Expert Report that includes a description of the instructions provided to the expert in relation to the proceeding, the expert's conclusions, and the basis for those conclusions.
According to the Rules of Practice and Procedure, the word "document" includes information recorded or stored by any means – this would include evidence that is stored on a computer device or other electronic media. A document can be a piece of paper that has typed, printed, or handwritten information, such as, an invoice, estimate, letter, notice, photograph, video, advertisement, report, agreement, contract. If you submit documents stored electronically, the ACRB and all the parties must be able to review those documents.
The parties can agree that the ACRB will receive a document as an exhibit without calling a witness to prove the document. If the other party does not consent, you need to have a witness "prove" the document. To prove a document, the witness must testify and give details about when the witness prepared, received, sent, obtained, or found the document. Business records prepared by someone who is not a witness may be admitted as evidence if you send a notice to the other party before the hearing and comply with Rule 9 for Disclosure.
Sometimes you may be required to give the original version of a document to the ACRB to ensure the document has not been changed or that everything on the photocopy shows up properly. You can usually use a copy, but a witness must testify that the copy given to the ACRB is a true copy (without any alterations, additions, or deletions) of the original.
A thing (physical evidence) refers to tangible items or materials that serve as demonstrable proof in a particular context.
Photographs and videos can be valuable pieces of evidence, especially if they include a scale or measuring device to show size or distance. Details of the date and time of the photograph, light sources, etc., are also helpful. When using photos as evidence, the person who took the photograph or video should testify and confirm that the photograph or video is what they saw and that it has not been altered.
The ACRB's website has Information Sheets, Practice Directions, FAQs (Frequently Asked Questions), and other useful information.
This information sheet is intended to provide general information. It does not constitute legal advice. If you wish to obtain legal advice, you should consult a person licensed by the Law Society of Ontario.