Licence Appeal Tribunal Rules

(Disponible en français)


INTRODUCTION

The Licence Appeal Tribunal (LAT) is an independent, quasi-judicial agency and is one of thirteen tribunals in Tribunals Ontario. The LAT is comprised of two divisions: Automobile Accident Benefit Service (AABS) and General Service (GS).

Table of Contents

  1. 1. General
  2. 2. Definitions
  3. 3. General
  4. 4. Communications
  5. 5. Calculation Of Time
  6. 6. Service And Filing
  7. 7. Human Rights Code Accommodation
  8. 8. Summons
  9. 9. Document Exchange, Production Orders, Witness Lists & Hearing Briefs
  10. 10. Expert Witnesses
  11. 11. Notice Of Constitutional Question
  12. 12. Format Of Hearings And Case Conferences
  13. 13. Access To Hearings
  14. 14. Case Conferences
  15. 15. Motions
  16. 16. Adjournments
  17. 17. Review And Correction (Typographical, Calculation And Other Minor Errors)
  18. 18. Reconsideration Of A Tribunal Decision
  19. 19. Costs
  20. 20. AABS Claims
  21. 21. Applications To Remove Liquor Licence Conditions
  22. 22. Public Interest Proceedings
  23. 23. Highway Traffic Act Appeals
  24. 24. Representation

1. GENERAL

1.1 AUTHORITY FOR RULES

These Rules are made pursuant to s. 25.1 of the Statutory Powers Procedure Act (SPPA) and pursuant to s. 6 of the Licence Appeal Tribunal Act, 1999.

These Rules should be read and understood together with the SPPA and all other relevant statutes or regulations dealing with the specific type of proceeding before the relevant tribunal.

1.2 CONFLICT

If there is a conflict between these Rules and any statute or regulation, the provisions of the statute or regulation prevail.

1.3 VERSION

These Rules are known as the Licence Appeal Tribunal Rules.

1.4 IN FORCE DATE

These Rules apply to all new appeals filed with the Tribunal on or after October 2, 2017.

Matters filed with the Tribunal prior to the implementation of these Rules shall be dealt with in accordance with the Rules existing at the time.

1.5 APPLICATION OF RULES

These Rules apply generally to all appeals unless a Rule states otherwise.

“Special Rules” set out as Rules 21 through 23 are unique or additional Rules, or modifications of Rules, that apply only to particular types of proceedings.

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2. DEFINITIONS

2.1 “APPEAL”

“Appeal” includes any application, appeal, or claim before the LAT pursuant to a statute or regulation that gives the Tribunal the authority to hear the appeal.

The term “appeal” is used throughout these Rules for purposes of convenience. Other Tribunal documents and forms may reference “application” or “claim”; however, all are referred to as “appeals” for the purposes of these Rules.

2.2 “APPELLANT”

“Appellant” means a person who has started an appeal with the Tribunal.

2.3 “AUTOMOBILE ACCIDENT BENEFITS SERVICE (AABS) CLAIM”

“Automobile Accident Benefits Service (AABS) Claim” means an application to the LAT pursuant to s. 280(2) of the Insurance Act seeking resolution of a dispute involving statutory accident benefits.

2.4 “CASE CONFERENCE”

“Case Conference” has the same meaning as “Pre-Hearing Conference” as defined in the SPPA.

2.5 “CERTIFICATE OF SERVICE”

“Certificate of Service” means the form used to confirm the manner and time of delivery of a document.

2.6 “CONTACT INFORMATION”

“Contact information” includes:

  1. Party name;
  2. Representative’s name, if applicable;
  3. Mailing address and/or address for delivery of documents;
  4. Telephone number;
  5. Email address;
  6. Fax number if available;
  7. Tribunal file number if available; and
  8. Any other information specifically required by the Tribunal for the proceedings.

2.7 “DAY” AND “BUSINESS DAY” AND “HOLIDAY”

“Day” means a calendar day.

“Business Day” means any day that is not a “holiday”.

“Holiday” means any Saturday, Sunday, statutory holiday, or other day on which the Tribunal’s offices are closed for business.

2.8 “DOCUMENT”

“Document” includes data and information recorded or stored by any means, including in electronic form.

2.9 “ELECTRONIC FORMAT”

“Electronic Format” means the format of an oral hearing, case conference, or other part of a proceeding before the Tribunal that is held by conference telephone call, video, internet, or any other form of electronic technology allowing persons to hear or see one another.

2.10 “HEARING”

“Hearing” means a hearing (including the hearing of a motion) before the Tribunal in which a party has the opportunity to participate in any of written, in-person, or electronic formats.

2.11 “IN-PERSON FORMAT”

“In-Person Format” means the format of an oral hearing, case conference, or other part of a proceeding before the Tribunal that is held by means of the parties or representatives attending before the Tribunal in person.

2.12 “MEMBER”

“Member” means a person appointed by Order-in-Council made by the Lieutenant Governor-in-Council to the Tribunal.

2.13 “MOTION”

“Motion” means a request for an order or decision from the Tribunal to (a) rule upon its jurisdiction; (b) give directions concerning its procedures; or (c) make an order for any other purpose necessary to carrying out its functions.

2.14 “OBJECTOR”

“Objector” means, in the context of a public interest proceeding under the Liquor Licence Act, either:

  1. a resident of the municipality where the establishment seeking to be licensed is located who submitted an objection to the issuance of the licence to the Registrar of Alcohol, Gaming and Racing in accordance with 7 of the Liquor Licence Act;
  2. a group or association of residents described in (a); or
  3. the municipality in which the establishment seeking to be licensed is located, if the municipality has submitted an objection to the issuance of the licence.

2.15 “PARTICULARS”

“Particulars” means specific facts that clarify an allegation or assertion or provide additional information about a person’s statement.

2.16 “PARTY”

“Party” means a person, association or corporation who has the right to participate in a proceeding and has notified the Tribunal of their intention to participate in the proceeding.

2.17 “PROCEEDING”

“Proceeding” means the entire Tribunal process from the start of an appeal to the time a matter is finally resolved.

2.18 “PUBLIC INTEREST PROCEEDING”

“Public Interest Proceeding” means an appeal at the LAT under the Liquor Licence Act in which the Tribunal will determine whether the issuance of a licence to sell liquor would not be in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located.

2.19 “REGISTRAR”

“Registrar” means the Registrar of the Tribunal.

2.20 “REPRESENTATIVE”

“Representative” means a person who acts for a party in a proceeding and is authorized under the Law Society Act to represent a party in such a proceeding.

2.21 “RESPONDENT”

“Respondent” means the party identified as the respondent in an appeal or the party who is identified as the respondent under the applicable legislation.

2.22 “RESPONSE”

“Response” means the response a respondent is required to provide in relation to an appeal or as may otherwise be specified by the Tribunal.

2.23 “RULES”

“Rules” means these Rules, i.e., Licence Appeal Tribunal Rules.

2.24 “STATUTORY ACCIDENT BENEFITS SCHEDULE (SABS)”

“SABS” means the Statutory Accident Benefits Schedule, Ontario Regulation 34/10 (Statutory Accident Benefits Schedule—Effective September 1, 2010), made under the Insurance Act, as revised from time to time, or a previous version of the SABS.

2.25 “TRIBUNAL”

“Tribunal”, means the Licence Appeal Tribunal (LAT).

2.26 “WRITTEN FORMAT”

“Written Format” means the format of a hearing, motion, or other part of a proceeding before the Tribunal which is held by means of exchange of documents, including submissions.

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3. GENERAL

3.1 LIBERAL INTERPRETATION

These Rules will be liberally interpreted to:

  1. Facilitate a fair, open and accessible process and to allow effective participation by all parties, whether they are self-represented or have a representative;
  2. Ensure efficient, proportional, and timely resolution of the merits of the proceedings before the Tribunal; and
  3. Ensure consistency with governing legislation and regulations.

3.2 TRIBUNAL POWERS

The Tribunal may vary or waive the application of any Rule or procedure, on its own initiative or at the request of a party, except where to do so is prohibited by legislation.

The Tribunal may make such orders or give such directions in proceedings before it to control its process or to prevent abuse of its process.

The Tribunal may issue Practice Directions or similar types of documents to provide further information about the Tribunal's practices or procedures.

3.3 COMPLETE FILE REQUIRED PRIOR TO PROCESSING

The Tribunal may decline to process an appeal unless all of the following conditions are met:

  1. All required documents are complete;
  2. All required processing fees are paid; and
  3. Documents are received before the expiry of the time period required, in accordance with any applicable legislation or these Rules.

The Tribunal will notify the party who filed the appeal if any of the above requirements are not met, and shall give the party such time as the Tribunal determines appropriate in the circumstances to comply with the requirements before declining to process an appeal under this Rule.

3.4 DISMISSAL WITHOUT A HEARING (GROUNDS FOR DOING SO)

The Tribunal may dismiss an appeal without a hearing if:

  1. The appeal is frivolous, vexatious, or commenced in bad faith;
  2. The appeal relates to matters that are outside the Tribunal’s jurisdiction;
  3. The statutory requirements for bringing the appeal have not been met; or
  4. The appellant is found to have abandoned the proceeding.

3.5 DISMISSAL WITHOUT A HEARING (NOTICE)

Before dismissing an appeal under this Rule, the Tribunal shall:

  1. Give the parties notice of its intention to dismiss;
  2. Provide the reasons for its intention to dismiss;
  3. Inform the parties of their right to make written submissions to the Tribunal within the time limits set out in the notice, which shall be at least 5 days; and
  4. Consider any written submissions provided.

3.6 ADDED PARTIES

The Tribunal may add a person as a party to a proceeding if the person has a significant interest in the proceeding.

3.7 REQUIREMENT TO ATTEND IN-PERSON OR ELECTRONIC HEARING

A party as defined under Rule 2.16 and/or their representative as defined in Rule 2.20 must attend their in-person or electronic hearing before the Tribunal.

If an unforeseen event prevents a party from attending the start of the hearing, the party is responsible for contacting the Tribunal before the scheduled start time on the hearing notice. The party must advise the Tribunal of the nature of the unforeseen event that prevents a party from attending.

3.7.1 PARTY'S FAILURE TO ATTEND START OF HEARING

If a party, who has been given notice of a hearing in accordance with the SPPA, does not attend their in-person or electronic hearing within 30 minutes of the scheduled start time as stated in the hearing notice, the Tribunal may:

  1. proceed with the hearing in the absence of that party; and/or
  2. make any order it considers appropriate in the circumstances.

In determining whether to proceed with the hearing in the absence of a non-attending party, the Tribunal will consider the reasons for the non-attendance, if any.

3.7.2 PARTY'S FAILURE TO ATTEND HEARING IN PROGRESS

If, after a hearing has commenced with the parties in attendance, a party is unable to attend part of the hearing, the party must advise the Tribunal of the reasons why they are unable to continue to attend. At the hearing, the Tribunal will consider the reasons for non-attendance, if any, and may:

  1. proceed with the hearing in the absence of the party; and/or
  2. make any order it considers appropriate in the circumstances.

3.7.3 REPRESENTATIVE'S FAILURE TO ATTEND HEARING

If a representative of any party does not attend any part of an in-person or electronic hearing, the Tribunal will consider the reasons for non-attendance, if any, and may:

  1. proceed with the hearing without that representative; and/or
  2. make any order it considers appropriate in the circumstances.

3.8 APPLICATION OF RULE 3

Despite Rule 1.4, this Rule applies to all appeals effective August 21, 2023.

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4. COMMUNICATIONS

4.1 PROCEEDINGS IN FRENCH OR ENGLISH

Tribunal communications and proceedings (e.g., hearings, case conferences) may be conducted in English, in French, or in both languages.

4.2 NOTICE REGARDING INTERPRETER

Subject to Rule 20.7, if a party or a witness requires an interpreter in a language other than English or French in order to effectively participate in a proceeding, the party shall notify the Tribunal not less than 14 days before the hearing or case conference, and the Tribunal will either arrange for an interpreter at the expense of the party or approve the use of an interpreter of the party’s choosing at the expense of the party.

4.3 WRITTEN COMMUNICATIONS TO BE COPIED TO OTHER PARTIES

All written communications with the Tribunal in relation to an appeal must be made through the Office of the Registrar and must include current contact information.

Unless a Rule indicates otherwise, all communications, other than a request for summons, must be copied to the other parties.

4.4 CHANGE IN CONTACT INFORMATION

A party or a party’s representative must notify the Tribunal and the other parties or their representatives, in writing, as soon as possible, of any change in their contact information.

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5. CALCULATION OF TIME

5.1 COUNTING DAYS

Where an action is to be done within a specified number of days, the days are counted by excluding the first day and including the last day.

5.2 EXPIRY OF TIME ON A HOLIDAY

Where the time for doing an act ends on a holiday, the act may be done on the next day that is not a holiday.

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6. SERVICE AND FILING

6.1 FORM OF SERVICE

Documents must be filed with the Tribunal, sent by the Tribunal, or served on a party, as the case may be, in one of the following ways:

  1. Personal delivery;
  2. Regular, registered or certified mail to the last known address of the person or party or their representative;
  3. Fax, but only if the document is less than 30 pages in length or, if longer, with consent of the person or party being served;
  4. Courier;
  5. Email; or
  6. Any other way agreed upon by the parties or directed by the Tribunal.

6.2 DEEMED RECEIPT

Where a document is served by a party, filed with the Tribunal, or sent by the Tribunal, receipt is deemed to have occurred when served or sent by:

  1. Personal delivery, when given to the party;
  2. Regular mail, on the fifth day after the postmark date, not including holidays;
  3. Fax, when the person sending the document receives a fax confirmation receipt, but if the fax confirmation receipt indicates a delivery time after 5:00 PM, service will be deemed to have occurred the next day that is not a holiday;
  4. Courier or registered mail, when the person sending the document receives a confirmation of delivery; or
  5. Email, on the day sent, or if sent after 5:00 PM, service will be deemed to have occurred the next day that is not a holiday.

6.3 DEEMED RECEIPT

The previous Rule does not apply if the person for whom the document was intended establishes that through absence, accident, illness or other cause beyond that person's control, the document was not received until a later date or not at all.

6.4 ACTUAL RECEIPT OF DOCUMENTS

A notice or document not given in accordance with this Rule shall be deemed to have been validly filed, served, or sent if the Tribunal is satisfied that its contents came to the attention of the person to whom it was intended within the required time period.

6.5 DOCUMENTS FILED WITH TRIBUNAL AFTER 5:00 PM

Documents received by the Tribunal after 5:00 PM will be deemed to have been received on the next day that is not a holiday.

6.6 CERTIFICATE OF SERVICE

When a document in a proceeding is served on a person or party, the party serving the document must:

  1. File a Certificate of Service setting out the date and method of service with the Tribunal; or
  2. Provide such other proof of service as may be specified by the Tribunal.

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7. HUMAN RIGHTS CODE ACCOMMODATION

Parties, representatives and witnesses are entitled to accommodation of Ontario Human Rights Code-related needs, including accessibility needs, and should notify the Tribunal as soon as possible if such accommodation is required.

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8. SUMMONS

8.1 ISSUING A SUMMONS

The Tribunal may issue a summons, on its own initiative or at the request of a party, requiring any person as defined in the SPPA, or a party:

  1. to give evidence at an electronic or in-person hearing; and/or
  2. to produce documents and things specified by the Tribunal at an electronic or in-person hearing.

The Tribunal will only issue a summons for witnesses, documents or things that are relevant to the issues in dispute and admissible at a hearing.

8.2 FILING OF A REQUEST FOR SUMMONS

A request for summons must be filed with the Tribunal using the form provided on the Tribunal's website. The requesting party must demonstrate the relevance of the request to the issues in dispute.

Unless otherwise ordered by the Tribunal, the approved summons must be served on the person summoned no later than 10 days before the hearing. The requesting party must file their request in a timely manner so that the Tribunal can adjudicate and issue the summons in advance of the deadline for service.

The requesting party must serve a copy of the approved summons on the other parties when it is served on the person summoned.

8.3 SERVICE OF SUMMONS AND ATTENDANCE MONEY

Service of a summons and payment of attendance money is the responsibility of the party that requested the summons. A party summonsing a person to attend before the Tribunal is required to pay that person the same fees or allowances as the person would be paid if attending before the Superior Court of Justice (Ontario). Fees and allowances are to be calculated in accordance with Tariff A of the Rules of Civil Procedure.

8.4 APPLICATION OF RULE 8

Despite Rule 1.4, this Rule applies to any request for summons filed on or after August 21, 2023.

Despite Rule 1.4, this Rule also applies to any summons issued by the Tribunal on its own initiative on or after August 21, 2023.

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9. DOCUMENT EXCHANGE, PRODUCTION ORDERS, WITNESS LISTS & HEARING BRIEFS

9.1 GENERAL

The parties shall exchange all documents, witness lists, and anything else they intend to rely on as evidence at the hearing.

The Tribunal may, at any stage in a proceeding, order any party to provide such further particulars, disclosure, and production of documents and things that the Tribunal considers relevant to the issues in dispute in the proceeding.

9.2 PRODUCTION ORDERS BY THE TRIBUNAL

Before requesting a production order from the Tribunal, a party must make reasonable efforts to obtain the document or thing without a production order.

9.2.1 ORDERS FOR PRODUCTIONS BETWEEN THE PARTIES

A party may request an order from the Tribunal ordering another party to:

  1. Disclose the existence of all documents and things the other party intends to rely on at the hearing;
  2. Produce copies of all documents and things that a party intends to rely on at the hearing;
  3. Produce a list of witnesses the other party intends to call to give evidence at a hearing;
  4. Produce a summary of the evidence that each witness will give at the hearing;
  5. Make available for inspection any document or thing, subject to conditions established by the Tribunal, that a party intends to rely on at the hearing; and/or
  6. Disclose or produce any document or thing the Tribunal considers relevant to the issues in dispute in the proceeding.

The Tribunal will not make an order for the production of any document or thing that is not relevant to the issues in dispute in the proceeding, or that is unduly repetitious.

9.2.2 ORDERS FOR NON-PARTY PRODUCTIONS

A party seeking production from a non-party may request an order from the Tribunal by filing a notice of motion and serving it on the other parties and the non-party. The notice of motion must provide contact information for the non-party.

The Tribunal may order a non-party to disclose or produce any document or thing that the Tribunal considers relevant to the issues in dispute in the proceeding.

The requesting party must make reasonable efforts to obtain the document or thing without a production order.

Before an order is granted by the Tribunal, the non-party will have an opportunity to make submissions as set out in the notice of motion hearing.

9.3 FAILURE TO COMPLY WITH THE RULES

If a party fails to comply with any Rule, direction or order with respect to disclosure, exchange, production, or inspection of documents or things, that party may not rely on the document or thing as evidence without the permission of the Tribunal.

If a party fails to comply with any Rule, direction or order with respect to the exchange or production of witness lists, the party may not call a witness who is not included on a witness list filed in compliance with the Rules, direction or order to give evidence without the permission of the Tribunal.

Parties will have an opportunity to make submissions before the Tribunal determines:

  1. if the documents or things can be used at the hearing;
  2. if the witness(es) may testify at the hearing; and/or
  3. whether any other order is required.

When making its determination, the Tribunal may consider any relevant factor, including:

  1. the reasons for non-compliance;
  2. whether a party will be prejudiced by the admission or exclusion of the evidence and the extent to which that prejudice can be mitigated by any other order;
  3. the extent to which the substance of the information or testimony lies within the knowledge of the other party;
  4. whether the other party opposes the admission of the evidence or testimony; and
  5. the relevance of the document, thing, or testimony to an issue in dispute in the proceeding.

9.4 RULES SPECIFIC TO AABS MATTERS

9.4.1 DOCUMENT EXCHANGE BETWEEN THE PARTIES (AABS)

Documents and things exchanged between the parties pursuant to Rules 9.4.1 and 9.4.2 must not be filed with the Tribunal unless a party is ordered to do so.

Document Exchange Before the Case Conference

The requirement for document exchange between the parties begins as soon as the application is filed with the Tribunal.

Rule 20.4 provides that at least 10 days before a scheduled case conference, each party must file a case conference summary in such form as required by the Tribunal. The parties are required to verify in the case conference summary that the documents and things in the party's possession, which the party intends to rely on at the hearing, have been provided to the other parties.

At the case conference, the Tribunal may make orders for productions pursuant to Rule 14 and set deadlines for any document exchange that has not yet taken place between the parties.

9.4.2 DEADLINE FOR DOCUMENT EXCHANGE (AABS)

If an earlier exchange date has not been ordered by the Tribunal, then by no later than 45 calendar days before the hearing, the parties must exchange:

  1. all documents and things the parties intend to rely on as evidence at the hearing; and
  2. for electronic and in-person hearings, a list of witnesses each party intends to call to give evidence at the hearing, with a summary of the evidence each witness will give at the hearing.

9.4.3 FILING WITH THE TRIBUNAL – 21 DAY DEADLINE FOR ELECTRONIC AND IN-PERSON HEARINGS (AABS)

No later than 21 days before an electronic or in-person hearing, each party must file with the Tribunal and serve on the other party:

  1. a list of witnesses the party will call to give evidence at the hearing;
  2. a summary of the evidence each witness will give at the hearing, along with the anticipated amount of time needed for each witness to testify;
  3. a PDF copy of the evidence and authority brief containing only the evidence and authorities the party intends to rely on at the hearing, which must be indexed, tabbed and consecutively page numbered; and
  4. a completed form for electronic and in-person hearings, if any, that is provided on the Tribunal's website.

The parties should file a single, joint brief with the Tribunal whenever possible.

9.4.4 FAILURE TO COMPLY WITH THE 21 DAY DEADLINE (AABS)

The Tribunal considers materials that are filed and served less than 21 days before an electronic or in-person hearing to be filed late.

The Tribunal will consider late filed materials as a preliminary issue at or before the hearing. The parties will have an opportunity to make submissions before the Tribunal determines:

  1. if the documents and things can be used at the hearing;
  2. if the witness(es) may testify at the hearing; and/or
  3. whether the matter requires any other order.

In making this determination, the Tribunal may consider any relevant factor, including the factors set out in Rule 9.3.

9.4.5 FILING WITH THE TRIBUNAL - DEADLINE FOR WRITTEN HEARINGS (AABS)

The deadline for filing and serving submissions and hearing briefs for written hearings will be set by order of the Tribunal. Written hearing briefs must be filed with the Tribunal as an indexed, tabbed and consecutively page numbered PDF, and only include the evidence and authorities a party intends to rely on at the hearing.

9.5 RULES THAT APPLY TO GENERAL SERVICES MATTERS (GS)

9.5.1 CASE CONFERENCE DOCUMENTS (GS)

Unless otherwise ordered by the Tribunal, at least 10 days before a scheduled case conference, each party must file a list of documents they intend to rely on at the hearing, which must also be served on the other parties.

9.5.2 DOCUMENT EXCHANGE AND FILING (GS)

No later than 10 days before the hearing, or at any other time ordered by the Tribunal or undertaken by the party, each party shall:

  1. Exchange with the other parties every document and thing the party intends to rely on at the hearing;
  2. Provide to the other parties a list of witnesses whom the party may call upon to give evidence at the hearing, with a brief description of the anticipated testimony of each witness; and
  3. File with the Tribunal and serve on the other parties, a PDF copy of the evidence and authority brief containing only the evidence and authorities the party will rely on at the hearing. The brief must be indexed, tabbed and consecutively page numbered.

The parties should file a single, joint brief with the Tribunal whenever possible.

9.6 APPLICATION OF RULE 9

Despite Rule 1.4, this Rule applies to any appeal commenced on or after August 21, 2023, and to any appeal commenced before August 21, 2023 for which the first notice of case conference is issued on or after August 21, 2023.

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10. EXPERT WITNESSES

10.1 GENERAL

For the purpose of these Rules, an expert witness is a person who is qualified to provide professional, scientific, or technical information and opinion based on special knowledge acquired through education, training or experience in respect of the matters on which they will testify.

10.2 IDENTIFICATION AND DISCLOSURE

A party who intends to rely on the evidence of an expert witness shall provide every other party with the following information in writing:

  1. The name and contact information of the expert witness;
  2. A signed statement from the expert, in the Tribunal’s required form, acknowledging their duty to:
    1. Provide opinion evidence that is fair, objective, and non-partisan;
    2. Provide opinion evidence that is related to matters within their area of expertise; and
    3. Provide such additional assistance as the Tribunal may reasonably require to determine a matter in issue.
  3. The qualifications of that expert witness, referring specifically to the education, training and experience relied upon to qualify the expert;
  4. A signed report that sets out the instructions provided to the expert in relation to the proceeding, the expert's conclusions, and the basis for those conclusions on the issues to which the expert will provide evidence to the Tribunal; and
  5. A concise summary stating the facts and issues that are admitted and those that are in dispute, and the expert's findings and conclusions.

10.3 DISCLOSURE AND FILING TIMELINES

If not otherwise ordered by the Tribunal, the information required by Rule 10.2 must be:

  1. exchanged between the parties at least 45 days before the hearing; and
  2. filed with the Tribunal as part of the hearing brief pursuant to Rule 9.

10.4 CHALLENGES TO QUALIFICATIONS, REPORTS, STATEMENTS

A party intending to challenge an expert witness' qualifications, report, or witness statement must:

  1. give notice, with reasons for the challenge, to the other parties no later than 21 days before the hearing; and
  2. file a copy of the notice with the Tribunal as part of the hearing brief filed by the party pursuant to Rule 9.

10.5 APPLICATION OF RULE 10

Despite Rule 1.4, this Rule applies to any appeal commenced on or after August 21, 2023, and to any appeal commenced before August 21, 2023 for which the first notice of case conference is issued on or after August 21, 2023.

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11. NOTICE OF CONSTITUTIONAL QUESTION

Notice of a constitutional question shall be served on the Attorney General of Canada, the Attorney General of Ontario and all other parties, and delivered to the Tribunal in the following circumstances:

  1. The constitutional validity of an Act of the Legislative Assembly of Ontario or Parliament of Canada (or of a regulation or by‐law made under such an Act) or of a rule of the Common Law is in question; and/or
  2. A remedy is claimed under section 24(1) of the Canadian Charter of Rights and Freedoms in relation to an act or omission of the Government of Canada or the Government of Ontario.

A Notice of Constitutional Question Form must be delivered as soon as the circumstances requiring the notice become known and, in any event, at least 15 days before the question is to be argued.

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12. FORMAT OF HEARINGS AND CASE CONFERENCES

In accordance with applicable provisions of the SPPA, the Tribunal may hold a hearing or case conference in any of the following formats, as it considers appropriate:

  1. In-person;
  2. Electronic;
  3. Written; or
  4. Any combination of the above.

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13. ACCESS TO HEARINGS

13.1 GENERAL PUBLIC ACCESS

The Tribunal may provide public access to the following documents:

  1. Any application, reference or other document, if any, by which a proceeding was commenced;
  2. The notice of any hearing;
  3. Any interlocutory orders made by the Tribunal;
  4. All documentary or other evidence that has been admitted in any proceeding;
  5. The transcript, if any, of the oral evidence given at the hearing;
  6. The decision and reasons of the Tribunal where reasons have been given; and
  7. Any written submissions provided by the parties.

The Tribunal will not provide public access to any other documents including correspondence between the parties and the Tribunal, documentary or other evidence submitted by the parties but not admitted in a proceeding, case conference reports, and settlement discussions.

The Tribunal may limit access to a recording and to a record of proceedings or, during a proceeding, make an order at the request of one of the parties or on its own motion, limiting public access to all or part of any document, record, hearing to protect confidentiality of personal or sensitive information, as it considers appropriate in relation to:

  1. Matters involving public security;
  2. Intimate financial or personal matters;
  3. Other matters where, having regard to the circumstances, the desirability of avoiding disclosure thereof in the interests of any person affected or in the public interest outweighs the desirability of adhering to the principle that the hearings, documents or records be open to the public.

13.2 AUDIO AND VIDEO RECORDINGS

The Tribunal may record an in-person or electronic hearing. Where a hearing is recorded, the recording does not form part of the Tribunal's record of proceedings including any record filed in respect of an application made under the Judicial Review Procedures Act, R.S.O. 1990, c.J.1.

13.3 AUDIO AND VIDEO RECORDING BY PARTIES MAY BE PERMITTED

A party who wishes to make his or her own recording of a hearing may do so if authorized by the Tribunal and subject to the party undertaking to comply with any restrictions on use of the recordings specified by the Tribunal. Requests for permission to make recordings must be made in writing to the Tribunal at least 10 days prior to a hearing and the request must be copied to the other parties. The other parties may make submissions on the request in the time specified by the Tribunal. A recording made by a party does not become part of the Tribunal's record of the hearing. A party who makes a recording must provide a copy to all other parties and, upon request, to the Tribunal.

13.4 COURT REPORTER

A party who wishes to retain a court reporter for a hearing may do so if they advise the Tribunal and the other parties in writing at least 10 days before the hearing.

A party who retains a court reporter for a hearing does so at that party's expense and must ensure that all other parties have an equal right to request, at their own expense, a transcript from the court reporter.

If a party requests a transcript, it is the responsibility of the requesting party to provide a certified copy of the transcript to the Tribunal upon request and at no cost to the Tribunal.

13.5 APPLICATION OF RULE 13

Despite Rule 1.4, this Rule applies to all appeals effective July 1, 2024.

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14. CASE CONFERENCES

14.1 DIRECTIONS AND ORDERS AT CASE CONFERENCES

The Tribunal may issue procedural or administrative directions as necessary for the conduct of the proceeding and may make such further orders as the Tribunal deems necessary.

14.2 SCOPE OF CASE CONFERENCE SUBJECT MATTER

The Tribunal may on its own initiative, or in response to a party's written request, direct the parties to participate in a case conference to consider:

  1. The settlement of any or all of the issues;
  2. Facts or evidence that may be agreed upon;
  3. The identification, clarification, simplification and narrowing of the issues and whether further particulars are required;
  4. The identification of parties and other interested persons, adding parties, and the scope of each party's or person's participation at the hearing;
  5. The inspection and the exchange of documents, including witness statements and expert reports;
  6. Requests for production orders;
  7. The timeline for steps the parties must take leading up to a hearing;
  8. The hearing format and, in the case of in-person and electronic hearings, the estimated length of the hearing;
  9. Requirements for interpreters;
  10. French-language or bilingual proceedings;
  11. Human Rights Code or accessibility accommodation;
  12. Motions; and
  13. Any other matter that may assist in a fair and efficient resolution of the issues in the proceeding.

14.3 MEMBER NOT TO PARTICIPATE ON A HEARING PANEL

A Member who presides at or otherwise takes part in a case conference shall not participate as a Member of a panel at a subsequent hearing of the appeal except with the consent of the parties.

14.4 SETTLEMENT DISCUSSIONS

The case conference is an important opportunity to discuss settlement of the issues without the need for a hearing. The parties are expected to come to the case conference prepared to discuss settlement.

All settlement discussions in a case conference and the documents put forward solely for the purpose of settlement are confidential. Settlement discussions are held on a "without prejudice" basis. Settlement discussions shall not be communicated to the Member that participates in the hearing or otherwise be relied on in a hearing before the Tribunal for any purpose unless the parties consent.

14.5 CASE CONFERENCES NOT PUBLIC

A case conference is not open to the public unless the Tribunal so directs.

14.6 PARTY ATTENDANCE AT CASE CONFERENCES

A party as defined under Rule 2.16 must attend their case conference.

If an unforeseen event prevents a party from attending the case conference, the party is responsible for contacting the Tribunal before the scheduled start time on the notice of case conference. The party must advise the Tribunal of the nature of the unforeseen event that prevents the party from attending.

If a party who has been given notice does not attend their case conference within 10 minutes of the scheduled start time, the Tribunal will consider the reasons for non-attendance, and may:

  1. proceed in the absence of that party; and/or
  2. make any order it considers appropriate in the circumstances.

14.7 APPLICATION OF RULE 14

Despite Rule 1.4, this Rule applies to any appeal commenced on or after August 21, 2023, and to any appeal commenced before August 21, 2023 for which the first notice of case conference is issued on or after August 21, 2023.

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15. MOTIONS

15.1 FILING A MOTION

A party bringing a motion must file with the Tribunal:

  1. a notice of motion using the form provided on the Tribunal's website with the following information:
    1. The decision or order that the party is requesting from the Tribunal;
    2. The authority being relied upon for the motion, including any statutes, regulations, Rules and authorities;
    3. The evidence in support of the motion; and
    4. The proposed format of the motion hearing.
  2. all supporting submissions, which must not exceed 6 double-spaced pages in length, exclusive of evidence and authorities.

The moving party must serve the notice of motion and all supporting submissions on the other parties before filing with the Tribunal.

Motion hearings may be conducted electronically, in-person, or in writing. The Tribunal will determine the format of the motion hearing.

15.2 MOTION HEARD AT A SCHEDULED EVENT

A party may request to have the motion heard at a scheduled adjudicative event.

The Tribunal may order a motion to be heard at a scheduled adjudicative event.

15.3 RESPONDING AND REPLY SUBMISSIONS

Before a motion is granted, the Tribunal may provide the responding parties with the opportunity to make submissions. The Tribunal may also provide the moving party with the opportunity to make reply submissions.

Parties must serve responding and reply submissions on the other parties before filing with the Tribunal.

15.4 ATTENDANCE AT MOTION HEARINGS

A representative may attend a motion hearing on behalf of a party. If attending on behalf of a party, the representative must have instructions on all issues being heard at the motion hearing.

15.5 APPLICATION OF RULE 15

Despite Rule 1.4, this Rule applies to any motion filed with the Tribunal on or after August 21, 2023.

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16. ADJOURNMENTS

16.1 REQUESTS FOR ADJOURNMENTS

A request for an adjournment of any adjudicative event at the Tribunal, including a case conference, motion hearing, settlement conference, or electronic, in-person, or written hearing must be made using the form for requesting an adjournment on the Tribunal's website.

The completed form must be served on the other parties prior to being filed with the Tribunal and must include all submissions and evidence in support of the request. Submissions must not exceed 5 double-spaced pages in length and must include:

  1. Details of the circumstances giving rise to the request;
  2. Other parties' position on the request, if known;
  3. The length of the adjournment being sought; and
  4. Whether a prior adjournment request has been denied for this same adjudicative event.

Failure to provide a completed form and supporting submissions and evidence will result in the request not being considered by the Tribunal.

16.2 ORAL ADJOURNMENTS REQUESTS

Despite Rule 16.1, a request for an adjournment may be made orally before a Member at the adjudicative event.

Oral requests will only be allowed in compelling circumstances where the party did not and could not have known of the circumstances giving rise to the adjournment request prior to the event.

The Tribunal may also direct that the request for an adjournment be heard at the event.

16.3 FACTORS TO CONSIDER

When considering whether to grant an adjournment request, the Tribunal may consider any of the following factors:

  1. The age of the file;
  2. Whether any previous adjournments have been granted and, if so, whether they were granted on a peremptory basis;
  3. Prejudice to the parties;
  4. Whether the request is on consent;
  5. The type of event the adjournment is being requested for;
  6. The length of notice that the Tribunal has provided to the parties of the event;
  7. The timeliness of the request;
  8. Whether the parties were given the opportunity to canvass their availability;
  9. The specific reasons for being unable to proceed on the scheduled date;
  10. Whether the parties can proceed on an earlier date;
  11. Whether the reason for the adjournment was foreseeable and avoidable, and what efforts, if any, were made to avoid the reason for the adjournment;
  12. The length of the requested adjournment and whether it would unduly delay the proceedings;
  13. Broader institutional and public interests;
  14. Legislative requirements;
  15. The principles of natural justice and fairness;
  16. Operational considerations; and
  17. Any other factors considered relevant in deciding the request.

16.4 ADJOURNMENT REQUESTS FOLLOWING A DENIAL

Following the denial of an adjournment request, the Tribunal will not consider any further adjournment requests for the same event that are made for essentially the same reason(s) as the initial request. This prohibition applies to any party to the proceeding.

If there are new and exceptional circumstances, a party can submit a new form for requesting an adjournment with supporting submissions, as set out in Rule 16.1, for the same event.

When applying the "new and exceptional circumstances" standard, the Tribunal will consider "new" to mean that the information was not known, and could not have been known, at the time of the first request, and "exceptional" to mean something extraordinary or beyond the parties' control.

16.5 APPLICATION OF RULE 16

Despite Rule 1.4, this Rule applies to any request for adjournment made orally or filed with the Tribunal on or after August 21, 2023.

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17. REVIEW AND CORRECTION (TYPOGRAPHICAL, CALCULATION AND OTHER MINOR ERRORS)

The Tribunal may at any time:

  1. Correct a typographical error, an error of calculation or similar error in its order or decision;
  2. Clarify an order or decision that contains a misstatement or ambiguity, which is not substantive and does not change the order or decision.

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18. RECONSIDERATION OF A TRIBUNAL DECISION

18.1 REQUEST FOR RECONSIDERATION

The Tribunal may reconsider any decision of the Tribunal that finally disposes of an appeal if:

  1. The request is made within 21 days of the date of the decision;
  2. The request is served on all parties and filed with the Tribunal using the form for reconsideration requests on the Tribunal's website; and
  3. The reconsideration request includes the following:
    1. All submissions in support of the request, which must specify the applicable criteria under Rule 18.2. The submissions must not exceed 10 double-spaced pages in length, exclusive of evidence and authorities;
    2. Notification if the party is seeking judicial review or pursuing an appeal in relation to the decision; and
    3. The remedy or relief sought.

The request for reconsideration will be heard by written submissions. It may be heard by the same member whose decision is the subject of the request, or by another member.

18.2 CRITERIA FOR GRANTING RECONSIDERATION

The Tribunal shall not make an order under 18.4(b) unless satisfied that one or more of the following criteria are met:

  1. The Tribunal acted outside its jurisdiction or committed a material breach of procedural fairness;
  2. The Tribunal made an error of law or fact such that the Tribunal would likely have reached a different result had the error not been made; or
  3. There is evidence that was not before the Tribunal when rendering its decision, could not have been obtained previously by the party now seeking to introduce it, and would likely have affected the result.

18.3 OPPORTUNITY TO MAKE SUBMISSIONS

Responding parties will have an opportunity to make submissions before any order is made under 18.4(b).

18.4 OUTCOME OF RECONSIDERATION

Upon reconsidering a decision of the Tribunal, the Tribunal may:

  1. Dismiss the request; or
  2. After providing responding parties an opportunity to make submissions,
    1. Confirm, vary, or cancel the decision or order; or
    2. Order a rehearing on all or part of the matter.

If the Tribunal orders a rehearing of the matter, the Tribunal may issue procedural and administrative directions and any such further orders as the Tribunal deems necessary.

18.5 REVIEW ON OWN INITIATIVE

At the discretion of the Chair or delegate, the Tribunal may, on its own initiative, review any decision of the Tribunal. The Tribunal's review shall take place within a reasonable time after the decision or order is made.

When conducting a review on its own initiative, the Tribunal shall not make an order under Rule 18.4(b) unless it is satisfied that one or more of the criteria in Rule 18.2 are met. Before making such an order, the Tribunal will provide the parties with an opportunity to make submissions.

18.6 APPLICATION OF RULE 18

Despite Rule 1.4, this Rule applies to any request for reconsideration of a decision or order issued on or after August 21, 2023, and any review on the Tribunal's own initiative of a decision or order issued on or after August 21, 2023.

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19. COSTS

19.1 COST REQUESTS

Where a party believes that another party in a proceeding has acted unreasonably, frivolously, vexatiously, or in bad faith, that party may make a request to the Tribunal for costs.

19.2 HOW COST REQUESTS ARE TO BE MADE

A request for costs may be made to the Tribunal in writing or orally at a case conference or hearing, at any time before the decision or order is released.

19.3 SUBMISSIONS ON COSTS

The Tribunal may order that a party making a request orally under Rule 19.2 shall provide written submissions to the Tribunal and all other parties within 7 days of that oral request. A submission on costs shall set out the amount being requested.

19.4 CONTENT OF SUBMISSIONS ON COSTS

A submission on costs shall set out the reasons for the request and the particulars of the other party's conduct that are alleged to be unreasonable, frivolous, vexatious, or in bad faith.

19.5 POWERS OF THE TRIBUNAL

In deciding whether to order costs and the amount of costs to be ordered, the Tribunal shall consider all relevant factors including: the seriousness of the misconduct; whether the conduct was in breach of a direction or order issued by the Tribunal, whether or not a party's behaviour interfered with the Tribunal's ability to carry out a fair, efficient, and effective process; prejudice to other parties; and the potential impact an order for costs would have on individuals accessing the Tribunal system.

The Tribunal may deny or grant the request for costs or award a different amount than requested.

19.6 AMOUNT OF COSTS

The amount of costs shall not exceed $1000 for each full day of attendance at a motion, case conference or hearing.

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20. AUTOMOBILE ACCIDENT BENEFIT SERVICE (AABS) CLAIMS

20.1 APPLICATION OF THIS RULE

Rule 20 applies to AABS Claims pursuant to the Insurance Act only. All other Tribunal Rules also apply to AABS Claims except to the extent varied or negated by this Rule.

20.2 RESPONSE TO AABS CLAIM

A response to an AABS Claim shall be provided by a respondent, in the form specified by the Tribunal, within 14 days of the respondent having been served with the AABS Claim, or within such other period as may be specified by the Tribunal.

20.3 RESPONSE TO AABS CLAIM MUST DETAIL JURISDICTIONAL ISSUES

A response to an AABS Claim must clearly detail any jurisdictional issues that the respondent seeks to have considered by the Tribunal.

20.4 AABS CASE CONFERENCE SUMMARY

At least 10 days before a case conference, each party must file a case conference summary in such form as required by the Tribunal. The case conference summary must also be served on the other parties.

The case conference summary shall include:

  1. Any preliminary issue(s) the party intends to raise;
  2. Any issue(s) the party is seeking to add to the appeal and whether the responding parties agree to add the issue(s);
  3. A list of documents and things in the party's possession which they intend to rely on at the hearing;
  4. Verification that the documents and things listed in (c) have been provided to, or made available for inspection by, the other parties;
  5. A list of documents and things that a party is seeking from other parties;
  6. Any requests for production orders;
  7. A list of documents and things the party is seeking from non-parties;
  8. The party's preference of hearing format with reasons for the preference;
  9. A list of anticipated witnesses, including expert witnesses, that the party intends to call at an electronic or in-person hearing and a brief description of each witness' anticipated testimony; and
  10. An explanation of the necessity of calling more than two expert witnesses if a party seeks to call more than two such experts.

If a party does not file a case conference summary in compliance with this Rule, the Tribunal will take into account the party's non-compliance when:

  1. making orders and directions under Rule 14.1; and
  2. considering motions for productions under Rule 9 filed by the party after the case conference.

20.5 SETTLEMENT AT CASE CONFERENCES

Parties should exchange settlement offers in advance of the case conference and be prepared to discuss settlement at the case conference.

Written offers for settlement must not be filed with the Tribunal.

20.6 COMBINING AABS CLAIMS

Where two or more AABS Claims have been made involving the same parties or the same accident, the Tribunal may:

  1. Combine the claims on consent of the parties;
  2. Schedule any case conferences to take place simultaneously; or
  3. Combine any hearings on consent of the parties.

20.7 INTERPRETER TO BE ARRANGED AT TRIBUNAL’S EXPENSE

Where a party gives notice pursuant to Rule 4.2 regarding the need for an interpreter, the Tribunal shall arrange for an interpreter at the Tribunal's expense, despite Rule 4.2.

20.8 APPLICATION OF RULE 20

Despite Rule 1.4, this Rule applies to any appeal commenced on or after August 21, 2023, and to any appeal commenced before August 21, 2023 for which the first notice of case conference is issued on or after August 21, 2023.

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21. APPLICATIONS TO REMOVE LIQUOR LICENCE CONDITIONS

21.1 APPLICATION OF RULE 21

Rule 21 applies only to applications to the Tribunal under s.11 (4) of the Liquor Licence and Control Act 2019 to remove a condition of a licence.

All other Tribunal Rules also apply to these applications, except to the extent varied or negated by these Rules.

21.2 APPLICATION TO REMOVE LIQUOR LICENCE CONDITIONS (LIQUOR LICENCE AND CONTROL ACT 2019)

A Licensee may file an application to the Tribunal for the removal of one or more conditions on a liquor sales licence under section 11 (4) of the Liquor Licence and Control Act 2019 by completing the Tribunal’s Application to Remove Conditions from a Liquor Licence form and submitting it together with the prescribed filing fee and any other documentation that the Licensee considers necessary and appropriate to assist the Tribunal in arriving at its decision. The Licensee shall serve the application on the Registrar under the Alcohol and Gaming Commission of Ontario and file it with the Tribunal together with a Certificate of Service.

21.3 REPLY TO APPLICATION TO REMOVE LIQUOR LICENCE CONDITIONS (LIQUOR LICENCE AND CONTROL ACT 2019)

Within 15 days of receipt of the application, the Registrar under the Alcohol and Gaming Commission of Ontario shall serve on the Licensee and file with the Tribunal, together with a Certificate of Service, reply submissions that set out the Registrar under the Alcohol and Gaming Commission of Ontario's position, with reasons, with respect to the Licensee’s application. The reply submissions will include the original decision, any consents or orders imposing the condition and any other documents the Registrar under the Alcohol and Gaming Commission of Ontario considers necessary to assist the Tribunal in arriving at its decision.

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22. PUBLIC INTEREST PROCEEDINGS

22.1 APPLICATION OF THIS RULE

Rule 22 applies only to public interest proceedings under the Liquor Licence and Control Act 2019.

22.2 NOTICE

In a public interest proceeding pursuant to the Liquor Licence and Control Act 2019, objectors for whom the Tribunal has complete mailing or e-mail addresses shall be given notice of the first case conference in the proceeding. An objector who attends a case conference or has a representative attend on their behalf shall be given notice of the next case conference or hearing.

22.3 PROCEEDING WHERE OBJECTOR DOES NOT ATTEND CASE CONFERENCE

If an objector does not attend a case conference for which they had notice, and does not have a representative attend on their behalf, the Tribunal may proceed without their participation and a binding settlement may be reached between the parties. The objector is not entitled to further notice of the proceedings.

22.4 REQUEST BY OBJECTORS TO BE MADE A PARTY IN A PUBLIC INTEREST PROCEEDING

An objector, including an individual, a group of objectors, a residents’ association, or a municipality, may ask to be made a party in a public interest proceeding, which request shall be made before or at the case conference.

22.5 EFFECT OF PARTY STATUS

An objector who is made a party to a public interest proceeding has the right to participate in the proceeding.

22.6 NON-PARTY OBJECTORS

An objector who is not a party may still give evidence at the hearing and have their views considered.

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23. HIGHWAY TRAFFIC ACT APPEALS

23.1 APPLICATION OF RULE 23

Rule 23 applies to appeals pursuant to the Highway Traffic Act. All other Tribunal Rules also apply to these appeals, except to the extent varied or negated by this Rule.

23.2 APPEALS UNDER HIGHWAY TRAFFIC ACT(HTA) TO BE SCHEDULED WITHIN 30 DAYS

Appeals under the following sections of the Highway Traffic Act (HTA) are scheduled to be heard within 30 days of receipt of a complete appeal:

  1. Section 50, arising from a decision under section 32(5)(b)(i) or section 47 respecting the suspension or cancellation or change in class of a driver's licence on the basis of a medical condition or the fitness to drive of the holder of the licence;
  2. Section 50.1 respecting driver's licence suspensions under section 48.3 or 48.3.1;
  3. Section 50.2 respecting notices or orders to impound under section 55.1; and
  4. Section 50.3 respecting impoundments and suspensions of commercial motor vehicle or trailers under section 82.1.

23.3 DISCLOSURE TIMELINES FOR (HTA) APPEALS

Disclosure in appeals respecting the suspension or cancellation of a driver's licence, as set out in 23.2(a), shall be made:

  1. By the appellant at least 10 days prior to the hearing; and
  2. By the Registrar of Motor Vehicles or Minister of Transportation at least 10 days prior to the hearing.

Disclosure in the HTA appeal types set out in 23.2 (b), (c) and (d) shall be made:

  1. By the appellant at least 10 days prior to the hearing; and
  2. By the Registrar of Motor Vehicles or Minister of Transportation at least 5 days prior to the hearing.

For clarity, the timelines in Rules 10.3 and 10.4 do not apply to HTA appeals.

23.4 APPLICATION

Despite Rule 1.4, this Rule applies to all appeals effective August 21, 2023.

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24. REPRESENTATION

This Rule applies to representatives as defined in Rule 2.20.

24.1 PARTY'S ABILITY TO HAVE A REPRESENTATIVE

A party may be self-represented, or they may have a representative. In keeping with Rule 2.20, representatives are required to be authorized under the Law Society Act to represent a party in the proceeding and they must comply with the Law Society Act, applicable guidelines, and rules of professional conduct.

24.2 DECLARATION OF REPRESENTATIVE REQUIRED

If a party wishes to have a representative, the representative must:

  1. file with the Tribunal the form for the declaration of a representative provided on the Tribunal's website, and
  2. serve a copy of the form on all other parties.

The Tribunal will not recognize a representative unless a completed form has been filed and served.

If a party wants to change their representative, the new representative must file a form for the declaration of a representative with the Tribunal and serve a copy on all other parties.

24.3 PROCEEDING WITHOUT A REPRESENTATIVE

If, after having a representative, a party subsequently chooses to proceed without a representative, they must notify the Tribunal and the other parties in writing. No further steps are required.

24.4 REPRESENTATIVE WITHDRAWAL

A representative may remove themselves as a party's representative by filing a completed form for the removal of a representative with the Tribunal and serving a copy of the form on their client and the other parties. The withdrawing representative must confirm that:

  1. the party they were representing has been advised of their withdrawal as representative; and
  2. the representative has complied with the Law Society Act and applicable guidelines and codes of conduct when withdrawing as the party's representative.

No further steps are required if:

  1. these requirements are completed 30 or more calendar days before the next adjudicative event, or
  2. another representative is taking over as the party's representative and the new representative has filed and served a form for the declaration of a representative pursuant to Rule 24.2.

24.5 WITHDRAWAL LESS THAN 30 DAYS BEFORE NEXT ADJUDICATIVE EVENT

If a representative is seeking to remove themselves as a party's representative less than 30 calendar days before the next adjudicative event, the representative must receive an order from the Tribunal before being removed as the representative unless:

  1. the party is choosing to proceed without a representative and has advised the Tribunal pursuant to Rule 24.3; or
  2. another representative is taking over as the party's representative and the new representative has filed and served a form for the declaration of a representative pursuant to Rule 24.2.

If the representative is seeking an order from the Tribunal, they must file with the Tribunal and serve on their client:

  1. a completed form for the removal of a representative;
  2. a notice of motion; and
  3. supporting material.

The representative seeking to withdraw must also serve the form and notice of motion on the other parties. The representative is not required to serve the supporting material on the other parties.

The Tribunal will set the format for hearing the motion.

The Tribunal may hear the motion as a preliminary issue at the start of the next adjudicative event.

If the Tribunal orders an in-person or electronic hearing of the motion, the representative must attend the hearing of the motion.

24.6 REQUIREMENTS RESPECTING PRIVILEGED, PREJUDICIAL INFORMATION

A representative bringing a motion under Rule 24.5 who files materials with the Tribunal that are subject to privilege or that could, if disclosed to another person, be prejudicial to the client, must notify the Tribunal that the materials contain privileged and/or prejudicial information.

The Tribunal may make a confidentiality order for any privileged and/or prejudicial information relating to the request for withdrawal. The order may be made at the request of a party, the withdrawing representative, or on the Tribunal's own initiative.

The representative must redact or omit the privileged and/or prejudicial information from the notice of motion and from the materials served on a party other than the client pursuant to Rule 24.5.

The Tribunal will use the information contained in the motion and supporting materials solely for the purpose of adjudicating the request for withdrawal.

A member who presides or otherwise takes part in a motion hearing for:

  1. the confidentiality order, and/or
  2. the removal of representative

must not participate at the hearing of the appeal.

24.7 OUTCOME OF TRIBUNAL REVIEW

Upon review of a request for removal under Rule 24.5, the Tribunal may:

  1. allow the request for removal;
  2. refuse the request for removal; and/or
  3. make any other order the Tribunal considers appropriate in the circumstances.

The Tribunal may consider any relevant factor, including but not limited to:

  1. the reason for the request to withdraw;
  2. whether the representative confirms they have complied with the Law Society Act and applicable codes of conduct and guidelines;
  3. the conduct of the representative leading up to the request, such as whether the representative gave reasonable notice to allow the party to seek other means of representation, or if the representative filed a motion with the Tribunal to withdraw at the earliest possible time;
  4. the history of the proceeding, including whether the represented party has repeatedly changed representatives;
  5. the impact of the withdrawal on the representative's client;
  6. any resulting prejudice to the other parties, and
  7. the impact of the withdrawal on the proceeding and the Tribunal's ability to fulfill its mandate.

24.8 REQUESTS FOR ADJOURNMENT DUE TO WITHDRAWAL OF REPRESENTATIVE

For clarity, Rule 16 and any related Practice Direction apply to requests for adjournment arising from the withdrawal of a representative.

24.9 APPLICATION OF RULE 24

Despite Rule 1.4, this Rule applies to all appeals effective August 21, 2023.