Licence Appeal Tribunal
15 Grosvenor Street, Ground Floor
Toronto ON M7A 2G6
Information Sheet - Presenting Your Case
This information sheet describes what happens in a hearing when you present your case to the Tribunal. Once you know how to present your case, you can make sure you have the witnesses, documents and things you need to support your case.
What do I use to prove my case?
As the appellant, you must present your appeal through evidence consisting of witnesses, documents or things.
Who presents their evidence first at a hearing?
In some cases, the appellant must go first. In others, the appellant goes after the respondent (that is, the agency, board, registrar or ministry whose decision, order or proposal is being appealed).
How do I present my case?
Here is a step-by-step outline of how to present your case:
Why are documents and things marked as exhibits?
Marking the documents and things as exhibits helps the Tribunal and the parties keep track of the evidence and avoid confusion. It also creates a record of what the Tribunal considered at the hearing. If a document or thing is not accepted by the Tribunal as evidence, then it will not be marked as an exhibit, and the Tribunal will not use it in deciding your appeal. The record of exhibits will also be needed if the Tribunal’s decision is appealed to the Divisional Court.
How does the Tribunal use the information from evidence, such as witnesses, documents and things?
The Tribunal uses the evidence to make its decision about your appeal. You need to provide enough information in your evidence to convince the Tribunal of the reasons for your appeal. The Tribunal makes findings of fact based on a balance of probabilities – this means that the Tribunal considers the evidence from all parties and then decides if it more likely than not that this event happened or that this fact is true. If you are making a claim against a compensation fund, you need to bring information on the damages you have suffered. This information might include invoices, estimates, cancelled cheques, etc. that show how much you have lost.
The Tribunal must come to a decision about the appeal based on the evidence that is heard or received by it at the hearing.
Other Sources of Useful Information
The Tribunal’s website at tribunalsontario.ca/lat has Information Sheets, Rules of Practice, Practice Directions, FAQs and other useful information.
This information sheet is intended to provide general information to Appellants and other parties. It does not constitute legal advice. If you wish to obtain legal advice, you should consult a person licensed by the Law Society of Upper Canada (www.lsuc.on.ca).
Disponible en français