Frequent Asked Questions (FAQ's)

Frequently Asked Questions

This web page contains general information about the Financial Services Tribunal.  This information is intended to assist you in understanding the role and function of the Tribunal and the hearing process as you prepare for a hearing.  We recommend that you read all the questions if you are going through the hearing process.

If you have questions other than those listed on this web page, please contact the Tribunal (see below for contact information).  If we are unable to answer your questions or if your questions require a legal opinion, you may want to seek the advice of a lawyer.  Tribunal staff cannot provide legal advice. 

Financial Services Tribunal Contact Information

5160 Yonge Street
14th Floor
P.O. Box 85
Toronto, ON  M2N 6L9

Phone: (416) 590-7294
Toll free: 1-800-668-0128  ext. 7294
Fax: (416) 226-7750
E-mail: contact@fstontario.ca

Frequently Asked Questions Index

1. What is the Financial Services Tribunal?
2. Under which statutes can the Tribunal hold hearings?
3. How can I get access to the Governing Statutes and other Ontario statutes and regulations?
4. Is there a time limit for exercising my right to a hearing before the Tribunal?
5. Do I need to pay any fees to get a hearing before the Tribunal?
6. Do I need a lawyer or agent to represent me at the hearing?
7. Where will the hearing take place?
8. What is the role of the Registrar’s office?
9. What costs might I incur if I exercise my right to a hearing?
10. What rules govern Tribunal proceedings?
11. How do I get started?
12. How much time do I have to file a Request for Hearing or Notice of Appeal?
13. What is the process after I file my Request for Hearing or Notice of Appeal?
14. What is a pre-hearing conference?
15. Can I ask the Tribunal to assist the parties in arriving at a settlement if I feel the proceeding can be settled without the need for a hearing?
16. Who will conduct the hearing?
17. Who are the parties to the proceeding?
18. How are hearings conducted?
19. What happens at the evidentiary phase of a hearing?
20. What happens at the argument phase of the hearing?
21. When will the Tribunal give its decision?
22. What notice do I need to give and what notice am I entitled to receive concerning witnesses that will be called at the hearing?
23. What notice is involved in the case of expert witnesses?
24. How do I arrange for a witness?
25. How do I give the summons to the witness?
26. How do I prove to the Tribunal that the summons was given to the witness?
27. Will I have to pay the witness any fees?
28. Can I summons a FSCO staff member as a witness?
29. Can I participate in a proceeding before the Tribunal if I have an interest in the matter?
30. What if I need an interpreter for the hearing?
31. Can the Tribunal provide me with assistance for any special needs?
32. Does the Tribunal record the hearing?
33. Can I obtain a copy of the hearing transcript?
34. What if I want an adjournment of the hearing date?
35. What are the responsibilities of the parties during the hearing process?
36. Does the Tribunal provide photocopying services for hearing participants?
37. What if I want to withdraw my Request for Hearing or Notice of Appeal?

1.  What is the Financial Services Tribunal?

The Financial Services Tribunal (also known as the Tribunal or the FST) is an independent, decision-making body that hears appeals from decisions and reviews proposed decisions of the Superintendent of the Financial Services Commission of Ontario (FSCO).   Proceedings before the Tribunal are conducted at the request of affected persons to whom the decisions or proposed decisions are directed. If you are an affected person and you do not agree with such a decision or proposed decision, you have the right to request that the Tribunal hear your case. The person making such a request becomes a party to the proceeding with full opportunity to participate in the Tribunal hearing.

2.  Under which statutes can the Tribunal hold hearings?

The Tribunal has authority to hold hearings under the following statutes of the province of Ontario (the Governing Statutes): 

• Pension Benefits Act
• Insurance Act
• Mortgage Brokerages, Lenders and Administrators Act, 2006
• Loans and Trust Corporations Act
• Credit Unions and Caisses Populaires Act, 1994
• Co-operative Corporations Act

There is a right to a hearing before the Tribunal in response to some of the decisions that might be made or proposed by the Superintendent under these Governing Statutes.

3.  How can I get access to the Governing Statutes and other Ontario statutes and regulations?

Ontario’s statutes and regulations can be found at
www.e-laws.gov.on.ca

4.  Is there a time limit for exercising my right to a hearing before the Tribunal?

A hearing must be requested within the timeframe set by the Governing Statute that establishes the particular right to a hearing. The formal notice that the Superintendent gives of his decision or proposed decision will usually refer to the right to a hearing and indicate the relevant timeframe for exercising that right.

5.  Do I need to pay any fees to get a hearing before the Tribunal?

The Tribunal does not charge any fees for hearings.

6.  Do I need a lawyer or agent to represent me at the hearing?

You may choose to represent yourself or you may wish to hire a lawyer or agent to represent you at your hearing at your expense.  This is the individual decision of each party. The Tribunal does not make referrals to lawyers or other representatives.  To obtain a referral to a lawyer, you can contact the Lawyer Referral Service operated by the Law Society of Upper Canada at (416) 947-3330 or 1-800-268-8326.  Please note there is a charge to use this service.

7. Where will the hearing take place?

Hearings are held at the office of the Tribunal, at the following address:

Financial Services Tribunal
5160 Yonge Street, 14th Floor
Toronto, Ontario 

The Tribunal office is located at the corner of Yonge and Park Home Ave., which is just a few blocks north of the Yonge and Sheppard intersection.

If you are taking the TTC, take the subway on the Yonge-University subway line and get off at the North York Centre stop.

8.  What is the role of the Registrar’s office?

The Registrar’s office is responsible for providing information about the Tribunal’s rules and administering the hearing process.  It cannot provide any legal advice or refer you to a lawyer.   The Registrar’s office does not represent any party to the proceeding.   

9.  What costs might I incur if I exercise my right to a hearing?

If you exercise your right to a hearing, you may incur the following costs:

• the cost of hiring a lawyer or agent (if you choose to hire one),
• the cost of making multiple copies (usually four) of material that you file with the Tribunal,
• witness fees for any witnesses that are summoned to appear before the Tribunal on your behalf,
• the cost of hiring an expert witness that appears on your behalf, and
• the cost of producing any transcript copies that you may require of the evidence portion of your hearing (at which witnesses have given their oral evidence).

The Tribunal will pay the cost of having a court reporter attend the hearing to record the oral evidence.  However, the Tribunal does not pay the cost of the reporter transcribing that evidence.   

While the Tribunal has the power to order a party to pay the costs that another party has incurred in connection with a proceeding before it, and even to pay the costs of the Tribunal itself, this authority is rarely exercised.

10.  What rules govern Tribunal proceedings?

All parties who are involved in a proceeding before the Tribunal are expected to follow the Tribunal’s Rules of Practice and Procedure for Proceedings before the Financial Services Tribunal. These rules can be found on the Tribunal’s website at www.fstontario.ca/english/rules/.  You can also ask for a copy of the rules by contacting the office of the Registrar of the FST by telephone at (416) 590-7294 or by e-mail at contact@fstontario.ca.

11.  How do I get started?

If you wish to request a hearing or file an appeal with the Tribunal, you must complete a Request for Hearing (Form 1) or a Notice of Appeal (Form 2) and then file it with the Tribunal. 

A Request for Hearing is filed by someone who is affected by a proposed or intended decision of the Superintendent and who wishes to have a hearing before the Tribunal.  This person is referred to as an "applicant".

A Notice of Appeal is filed by someone who is affected by a decision of the Superintendent and who wishes to have a hearing before the Tribunal. This person is referred to as an "appellant".

You must provide the Superintendent with a copy of the Request for Hearing or Notice of Appeal at about the same time as you file the document with the Tribunal.  For more information, refer to rule 15 of the Rules of Practice and Procedure.

12.  How much time do I have to file a Request for Hearing or Notice of Appeal?

A Request for Hearing (Form 1) or a Notice of Appeal (Form 2) must be filed with the Tribunal within the timeframe set out in the Governing Statute that establishes the right to a hearing.  It is your responsibility to file the form on time.

13. What is the process after I file my Request for Hearing or Notice of Appeal?

Normally the Registrar’s office contacts the parties to schedule a pre-hearing conference (PHC). 

14. What is a pre-hearing conference?

The purpose of a pre-hearing conference (PHC) is to plan for the hearing. It involves a less formal process than the hearing itself.  A PHC is a planning session to deal with issues that need to be resolved before the hearing, in order to ensure an efficient hearing process.

Rule 16 of the Tribunal’s Rules of Practice and Procedure provide examples of topics that may be discussed at a PHC.  Examples include: the identification and simplification of the issues, facts and evidence that may be agreed upon, the number of witnesses (if any), estimated duration of the hearing and dates for the hearing. 

The PHC is not designed to deal with the specifics of the case or the parties’ arguments.

15. Can I ask the Tribunal to assist the parties in arriving at a settlement if I feel the proceeding can be settled without the need for a hearing?

If all parties agree to participate in settlement discussions before a member of the Tribunal, they may ask the Tribunal to arrange a settlement conference.  A member of the Tribunal who is not a part of the panel of Tribunal members selected to hear the case will be designated to preside over the settlement conference. The Tribunal member will try to assist the parties in reaching an agreement to settle some or all of the issues in the proceeding.  If all of the issues are resolved, a hearing does not need to be held.  In addition, the Request for Hearing or Notice of Appeal can be withdrawn subject to the terms of the settlement. 

The parties can always attempt to settle a proceeding amongst themselves without a settlement conference.  Ideally, this should take place well in advance of the hearing date.

If settlement discussions took place, but the matter remains unresolved, your hearing will take place on a later date.  At your hearing, no party is to refer to the settlement discussions, as those discussions are considered confidential.

16.  Who will conduct the hearing?

Most cases are heard by a three-person panel that is selected from the members of the Tribunal by the Chair of the FST. In some circumstances, the panel may be composed of only one member.

17.  Who are the parties to the proceeding?

The parties to the proceeding are the applicant [someone who files a Request for Hearing with the Tribunal], or appellant [someone who files a Notice of Appeal with the Tribunal], as well as the respondents. 

The respondents are the Superintendent and any other interested person who has applied for and been granted party status by the Tribunal.  The term “respondent” refers to a party who responds to the request for a hearing or appeal.  In some cases, a respondent may support in whole or in part the position taken by the applicant, appellant or any other respondent.

18.  How are hearings conducted?

A hearing can be held in person, by telephone conference or in writing.  However, the majority of Tribunal hearings are held in person.  An in person hearing requires the appearance of all the parties and/or any representatives acting on their behalf. The hearing is open to the public, unless otherwise ordered by the Tribunal.

The hearing usually consists of an "evidentiary phase" and an "argument phase". However, in some cases there may be no evidentiary phase.  For example, when the parties agree to the relevant facts and the only question is whether the Superintendent (in a disciplinary matter) has imposed an appropriate penalty on the appellant.

Initially, the chair of the hearing panel asks all those attending to introduce themselves.  The chair then explains how the hearing will proceed and deals with any preliminary issues.

The applicant or appellant usually goes first during both the argument and evidentiary phases, followed by the respondents, plus a final right of reply by the applicant or appellant.

19.  What happens at the evidentiary phase of a hearing?

During the evidentiary phase, the chair will ask each party to present his or her case.  This is an opportunity for each party to present evidence to the Tribunal through the use of witnesses.

Each party can choose an individual or individuals that possess relevant knowledge or information (related to the hearing or appeal) to act as its witnesses. A party may also choose to act as its own witness.

Each witness is asked to take an oath or affirmation to tell the truth before giving testimony.   Witnesses may introduce relevant documents that they are familiar with into evidence.  The evidence provided by each witness will supplement any facts and documents that have been agreed upon by the parties for the purposes of the hearing.  The Tribunal can also take into account any facts and documents that were agreed upon by the parties, without the need for oral testimony.

When a particular witness has finished giving his or her testimony – or “evidence-in-chief” – the other parties will be given the opportunity to question the witness.  This question period is called a "cross-examination".   Reasons for asking questions may be to: clarify something that was said, get more detailed information, or show that an error may have been made in the evidence-in-chief of the witness.  At any time, the members of the hearing panel may also ask the witness questions.

Finally, the party that called the witness will be given the opportunity to re-question the witness, to clarify anything that was said during the cross-examination.   

20.  What happens at the argument phase of the hearing?

After all the parties have finished presenting their evidence, each party will be invited to make its argument.  The argument analyzes the evidence and gives reasons why the Tribunal should support that party on issues in the proceeding.  No new evidence can be presented at this "argument phase" of the hearing.  This rule holds, even if the applicant or appellant is self-represented and is making the argument with the benefit of personal knowledge of any relevant facts.  If certain facts are to be considered by the Tribunal, they must be presented by a witness (which may be the applicant or appellant) at the evidentiary phase, or they must be facts that were agreed upon by all parties for the purpose of the hearing.  Only evidence heard by the Tribunal at the evidentiary phase can be mentioned during the argument phase. 

21.  When will the Tribunal give its decision?

The Tribunal normally gives its decision some time after the conclusion of the hearing.  This allows it enough time to fully consider all of the evidence and arguments that were presented at the hearing.  The panel will give its decision in writing along with written reasons.  The Registrar will send a copy of the Tribunal’s decision and its reasons to all parties (or their representatives).  The Tribunal’s decisions are also posted on its website at www.fstontario.ca.  A Tribunal decision is final and conclusive, unless the Governing Statute under which it was made allows for an appeal or review by the courts.

22.  What notice do I need to give and what notice am I entitled to receive concerning witnesses that will be called at the hearing?

Any party who intends to call witnesses must provide the other parties with a list of the witnesses’ names, along with a brief explanation of what each witness will say in evidence. This must occur at least 30 days before the hearing, or as otherwise directed by the Tribunal.  For more information, refer to rule 35 of the Tribunal’s Rules of Practice and Procedure.

23.  What notice is involved in the case of expert witnesses?

Any party who intends to call an expert witness, or plans to rely on or refer to the written report of an expert, must do the following:

• Provide the other parties with a signed copy of that report, or a report summarizing the expert opinion that the witness will give.
• Provide the name, address and qualifications of the expert witness. 

The report must be provided at least 30 days before the hearing or as otherwise directed by the Tribunal.  For more information, refer to rule 34 of the Tribunal’s Rules of Practice and Procedure.

24.  How do I arrange for a witness?

If you would like to call on a witness to provide evidence or produce documents for your hearing, you must arrange for that individual to attend the hearing.  You also need to inform the witness of the hearing dates.

If you believe your witness will not attend the hearing voluntarily, you can ask the Tribunal to issue a Summons to a Witness (this is Form 3(a) for oral hearings and Form 3(b) for electronic hearings), which will require the individual to attend the hearing.  For more information, refer to rule 36 of the Tribunal’s Rules of Practice and Procedure.

You are responsible for completing the Summons to a Witness form and for submitting it to the Registrar of the Tribunal.  This form must include the name and full address of the individual to be summoned.  After the form is submitted, the Registrar will ask the Chair of the Tribunal, or his delegate, whether he is prepared to sign the form.  Once the summons is signed, the Registrar will return it to you.

25.  How do I give the summons to the witness?

You are responsible for ensuring that the summons is personally delivered to the witness.  You can choose to deliver the summons yourself, or you can have it delivered by someone else. 

The summons must be handed directly to the witness.  It cannot be mailed or faxed to the witness, or left with another person at the witness’s address.

26. How do I prove to the Tribunal that the summons was given to the witness?

If a witness does not attend a hearing, you may need to prove that the witness was properly served with the summons. The person who served the summons on the witness should prepare an affidavit. An affidavit provides the Tribunal with details on how and when the summons was personally served on the witness. The affidavit must be sworn before a Commissioner of Oaths or a Notary Public.

27.  Will I have to pay the witness any fees?

A witness is entitled to witness fees for attending the hearing.   These fees are set out in Appendix B of the Tribunal’s Rules of Practice and Procedure.

When you personally deliver a summons to an individual, you should inform that individual that he or she is entitled to receive witness fees.  You are responsible for paying these fees.

28.  Can I summons a FSCO staff member as a witness?

Neither the Superintendent, nor any FSCO staff members are required to testify in a proceeding before the Tribunal, unless the consent of the Superintendent is first obtained.

29.  Can I participate in a proceeding before the Tribunal if I have an interest in the matter?

A person who is not an applicant or appellant, but is interested in actively participating in a proceeding as a party must file a written Application for Party Status (Form 4) with the Registrar of the Tribunal and provide a copy to the other parties.  For more information, refer to rule 38 of the Tribunal’s Rules of Practice and Procedure.

The applicant, the appellant or any respondent may object to any application for party status.  The Tribunal decides whether to grant party status.  It may also restrict or impose conditions upon a person's participation as a party.  For additional information, refer to rule 39 of the Tribunal’s Rules of Practice and Procedure. 

A person who has an interest in a proceeding before the Tribunal may find that his or her interest will be adequately represented by another party to the proceeding.  In this case there may be no need to apply for party status.

30.  What if I need an interpreter for the hearing?

If any party or if any of its witnesses requires an interpreter, the party must identify this need in writing to the Registrar’s office as soon as possible, so that arrangements can be made for an interpreter to attend the hearing.

31.  Can the tribunal provide me with assistance for any special needs?

If any party or any of its witnesses need special equipment or services because of a disability, that party must identify the need in writing to the Registrar’s office as soon as possible.  This will ensure that the Tribunal can take reasonable steps to provide the equipment or services that are needed.

32.  Does the Tribunal record the hearing?

If witnesses are going to be called to give evidence, the Tribunal will arrange to have a court reporter present to record the evidentiary phase of the hearing.

33.  Can I obtain a copy of the hearing transcript?

A party may obtain a copy of an entire transcript, or a portion of any transcript, at his or her expense, from the court reporter.   If a party orders a transcript, it must also pay for and provide the Tribunal with a copy (or copies, not to exceed three, as directed by the Registrar).  For additional information, refer to rule 29 of the Tribunal’s Rules of Practice and Procedure.

34. What if I want an adjournment of the hearing date?

Normally a hearing will take place on the date that it is scheduled.  However, if you need to request an adjournment of a hearing to a different date, then you must make the request in writing to the Tribunal and explain the reason for your request.  You must also send a copy of your request to the other parties to the proceeding.  It is up to the Tribunal to decide whether your request will be granted.

35.  What are the responsibilities of the parties during the hearing process?

During the hearing process, all parties are responsible for the following:

• Attending the hearing on the dates set by the Tribunal - If a party or its representative does not appear (or make itself available to participate in a scheduled teleconference call) on a hearing date set by the Tribunal, the proceeding may go ahead without that party’s participation.  Furthermore, the absent party will not be entitled to any further notice in the matter and the Tribunal may make a decision in the absence of that party.

• Corresponding with the Tribunal – Each party is required to send a copy of its correspondence with the Tribunal related to a proceeding to the other parties.

• Filing submissions with the Tribunal – Each party is responsible for filing four (4) copies of any written arguments or submissions with the Tribunal.  It is also responsible for providing a copy to the other parties, within the timeframe set by the Tribunal.

36.  Does the Tribunal provide photocopying services for hearing participants?

The Tribunal does not provide photocopying services, due to its limited human and financial resources.  Parties must make sufficient copies of any documents that they require at the hearing at their own expense.

37.  What if I want to withdraw my Request for Hearing or Notice of Appeal?

The applicant or appellant may withdraw the Request for Hearing or Notice of Appeal by filing with the Tribunal a notice, or letter of withdrawal, that is signed by the party (or its representative). The applicant or appellant must also provide copies of this notice or letter to the other parties.  The Tribunal may impose conditions on any withdrawal it considers appropriate.   For more information, refer to rule 41 of the Rules of Practice and Procedure.