Introduction

This information sheet describes the disclosure process meaning how to disclose the documents and witness information that you intend to present as evidence at a hearing before the Fire Safety Commission (FSC).

What is disclosure?

Disclosure is a process by which the parties to an appeal give each other the evidence they will use at the hearing including any documents or things lists of witnesses and what they will testify about and expert reports.

Why do parties have to make disclosure?

The purpose of disclosure is about fairness. Making sure that the parties exchange timely disclosure ensures that each side knows what to expect and how to prepare. It may also encourage settlement depending on the context of the disclosure. By sharing documents each party can review the other's documents before the hearing begins to prepare a response. The Rules of Practice and Procedure require timely disclosure by the parties.

How do I make disclosure?

You will send a copy of the documents and things (physical evidence) to the other party. The Rules of Practice and Procedure require that the documents are numbered consecutively.

When do I have to make disclosure to the other party or party(ies)?

You must send your Notice of Appeal documents witness lists and any things (physical evidence) to the other party(ies) as soon as possible in accordance with the Rules of Practice and Procedure or as directed by the FSC.

What if I have additional documents after I make disclosure?

Send copies of the additional materials to the other party(ies) as soon as you can or as directed by the FSC.

Do I have to bring all my disclosure to a case conference?

Bring all documents that are available and important to your case to any scheduled case conference. This will help the FSC conduct a more effective case conference as it is easier to discuss settlement if you bring all your disclosure.

Do I have to bring my own documents to the hearing?

You should have a copy of your own disclosure to reference during the hearing.

What happens if I come to a case conference and have not made disclosure?

The FSC can order you to make the appropriate disclosure and may impose other conditions as allowed in the Rules of Practice and Procedure.

What happens if I come to the hearing with a document that I did not disclose and I want to present it to the FSC?

The FSC has the discretion not to admit any witness document or thing (physical evidence) as evidence at the hearing. If you fail to disclose something the FSC may decide not to allow you to rely on it at the hearing.

How do I disclose a thing (physical evidence) that is so big it cannot be reproduced or there is only one of it?

Talk to the other party(ies) about arranging for them to see the thing (physical evidence) you want to disclose. If you and the other party cannot work it out contact the FSC for assistance.

What do I do with the other party's/parties' disclosure?

Read the documents and things (physical evidence) and relate them to your own documents. Decide if there are other documents that you have or can get from others that may help the FSC understand the issues in your case. For example if the other party produces a photograph and you do not think it is a fair representation get your own photograph of the same item. Remember to bring all the documents and things disclosed by the other party to the case conference and hearing.

Important Points

• Collect all the documents and things that you and your witnesses will use to present your case. Number the documents consecutively.
• Provide your disclosure as soon as possible and as directed by the FSC.
• Remember the FSC must come to a decision about the appeal based on the information in the evidence.
• If a party wants to rely on the statements in a document to prove something they consider necessary to their case it must be submitted as an exhibit.
• Do not file with the FSC all the documents that you have disclosed or received in disclosure from the other party(ies). Only file the documents you intend to rely upon as evidence at the hearing.
• At a hearing the FSC may decide that documents not previously disclosed or disclosed too close to the hearing date cannot be entered as evidence.

Other Sources of Useful Information

The FSC'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.