Introduction

This information sheet describes what happens in a hearing when you present your case to the Fire Safety Commission (FSC). Once you know how to present your case, you can make sure you have the witnesses, documents, and things (physical evidence) you need to support your case.

What do I use to present my case?

You must present your appeal through evidence consisting of witnesses, documents, or things (physical evidence).

Who presents their evidence first at a hearing?

Generally, the appellant presents first, but the FSC has the discretion to order the proceedings as it sees fit/appropriate. The Respondent may be asked to present first, depending on what the adjudicator thinks is best.

How do I present my case?

Here is a step-by-step outline of how to present your case:

1. Opening statement: Make an opening statement with a summary of what your appeal is about and the grounds of your appeal.
2. Calling evidence: Present your evidence to the FSC to support your case; this is often called "examination in chief." Evidence may include witness testimony, documents or things. If you are presenting documents or things, you should be prepared to verify that document or thing (for more information, see the Calling Evidence Information Sheet). When you call a witness to testify, you or your legal representative will ask them questions first.
3. Cross-examination: Once you are done questioning your witness, the other party may "cross-examine" them by asking your witness questions relevant to the case.
4. Re-examination: After the other party is done questioning your witness, you may ask your witness further questions about anything raised in the cross-examination. During re-examination, you may not ask questions about matters you did not raise when you initially presented your evidence, unless you are raising a new matter in order to respond to an issue raised by the other party during their cross-examination. The panel member (adjudicator) may also ask questions at any point during examination in chief, cross-examination, or re-examination.
5. Closing statement: After all parties have called their evidence, you will make a closing statement. This is your opportunity to tell the FSC what decision you think it should make. You should point out how the evidence presented at the hearing supports the grounds of your appeal and the decision you want the FSC to make.

Why are documents and things (physical evidence) marked as exhibits?

Marking the documents and things as exhibits helps the FSC and the parties keep track of the evidence and avoid confusion. It also creates a record of what the FSC considered at the hearing. If a document or thing is not accepted by the FSC as evidence, then it will not be marked as an exhibit, and the FSC will not use it in deciding your appeal. The record of exhibits will also be needed if the FSC's decision is appealed to the Divisional Court.

How does the FSC use the information from evidence, such as witnesses, documents, and things (physical evidence)?

The FSC uses the evidence to make its decision about your appeal. You need to provide enough information in your evidence to persuade the FSC of the reasons for your appeal. The FSC makes findings of fact based on a balance of probabilities – this means that the FSC considers the evidence from all parties and then decides if it is more likely than not that this event happened or that this fact is true.

Important Points

• Whether you are the first or second party to speak, you should have your evidence ready for the start of the hearing.
• Remember that the party who first called evidence typically goes first in closing statements and has the right to respond after the other party speaks.
• See the Disclosure Information Sheet for valuable information about when and how you must provide the other party or parties with copies of your documents before the hearing. For the hearing, you may still wish to bring copies of documents that you have already provided to the other parties or to the FSC, for your own reference.
• Be sure to keep your own list of the evidence marked as exhibits at a hearing.
• See the Calling Evidence Information Sheet for important information about how to present your documents or evidence and call your witnesses.
• The FSC comes to a decision about the appeal based on the evidence that it heard or received at the hearing.

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.