How the hearing is conducted

You must be present at the time and location indicated on the notice of hearing you received. You may be represented by authorized individuals under certain conditions. The representation mandate must be confirmed in writing and sent to the Tribunal. Your representative will act on your behalf. When you arrive at the location of the hearing, you must confirm your presence with a Tribunal administratif representative who is responsible for greeting the parties. You may then sit in the waiting room.

The administrative judge or special clerk who presides the hearing will call the parties.

Every hearing is recorded.

Any other means of recording, auditory or visual, is prohibited unless authorized by the Tribunal and on the conditions he or she determines.

A hearing is public.

Therefore, it is possible for persons other than the parties or the witnesses to be present in the room. However, the Tribunal may, of his or her own initiative or on the motion of a party, order that a hearing be held in private if he or she considers it necessary in the interest of justice. Those who attend a hearing must behave with respect, remain silent and refrain from showing approval or disapproval, on pain of expulsion.

At the outset of the hearing, the parties identify themselves and must solemnly state that they will tell the truth.

Next, the applicant is invited to present his or her evidence. The applicant must have on hand proof that the application and amendments were notified, as well as all of the documents required to support the claim.

Then the defendant is invited to present his or her evidence, and must also be in possession of all of the documents in support of his or her defence.

The documents that you intend to file as evidence must be very clearly identified.

If you wish to call witnesses, you must, to ensure their presence, have a subpoena issued by an administrative judge or a special clerk of the Tribunal and have it served by bailiff at your expense to those witnesses at least three days before the date of the hearing. However, the Tribunal may reduce that time period. To obtain the signature, go to one of our offices. Your attorney may also complete and sign the document. A model subpoena is available on the Tribunal’s website. Each party has the right to ask the witnesses questions. The Tribunal may, on its own initiative or at the request of one of the parties, order that the witnesses testify without the other party present.

Subsequently, the applicant and the defendant may make a pleading, i.e., an oral presentation of their pretentions and arguments.

Throughout the hearing, the administrative judge or special clerk provides fair and impartial assistance to each party. However, the Tribunal cannot give advice or act as a lawyer.

The hearing must deal with the content of the application and amendments only. The administrative judge or special clerk may refuse to hear a witness or dismiss a piece of evidence if deemed that it is not relevant or does not meet the applicable rules of evidence. The administrative judge or special clerk may only consider the evidence that is presented, that is relevant and that is admissible in rendering a decision.

The parties must recover the exhibits and documents they have filed once the proceedings are over. Failing that, they may be destroyed one year after the date of the Tribunal's final decision or when the dispute between the parties is completely settled.

No document may be filed after the hearing, except with the prior authorization of the administrative judge or special clerk. Unless the Tribunal decides otherwise, the party filing such a document must send a copy to the other party.