15. Commencement of Proceedings
15.01
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A proceeding is initiated by a Request for Hearing (in Form 1) or by a Notice of Appeal (in Form 2).
15.02
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A Request for Hearing shall be in writing and shall be filed within the time period set out in the statute establishing the right to a hearing and shall be served by the requester on the Superintendent and any other person upon whom the Tribunal directs service.
15.03
A Notice of Appeal shall be in writing and shall be filed within the time period set out in the statute establishing the right of appeal and shall be served by the appellant on the Superintendent, all parties to the proceedings before the Superintendent and all other persons upon whom the Tribunal directs service.
16. Pre-Hearing Conference
16.01
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The Tribunal may direct the parties to participate in pre-hearing conferences to consider:
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a. the settlement of any or all of the issues;
b. the identification and simplification of the issues;
c. facts and evidence that may be agreed upon;
d. the dates by which any steps in the proceeding are to be taken or begun;
e. the estimated duration of and dates for the hearing; and
f. any other matters that may assist in the just and most expeditious disposition of the proceeding, including;
(i) exchanging documents among the parties;
(ii) identifying and resolving preliminary objections or procedural issues including particulars, disclosure or production of documents, interrogatories, witness statements, expert witnesses, expert reports and exchanges of submissions;
(iii) deciding procedural issues including the dates by which any steps in the proceeding are to be taken or begun;
(iv) considering applications for party status;
(v) determining whether a settlement conference is appropriate in the circumstances; and
(vi) determining the form of the Notice of Hearing, who should give it and bear the costs for it, and to whom and in what manner the Notice should be given.
A pre-hearing conference may be held in person or electronically, provided that if the purpose of any such conference is not limited to dealing with procedural matters, it shall be held in person if a party satisfies the Tribunal that holding it electronically would be likely to cause that party significant prejudice.
16.03
The member or members of the Tribunal conducting a pre-hearing conference may make such orders as are considered necessary or advisable with respect to the conduct of the proceeding, including adding parties.
16.04
The Tribunal shall issue a pre-hearing conference memorandum setting out the results of the pre-hearing conference, setting forth orders, agreements and undertakings made at the pre-hearing, and setting out the dates of the hearing and the issues that are to be determined.
16.05
After the pre-hearing conference has been held, no substantive issues, other than those set out in the pre-hearing conference memorandum, may be raised or addressed without leave of the Tribunal
16.06
Any member who has conducted a pre-hearing conference in which some or all of the substantive issues were settled or were attempted to be settled shall not sit on the panel conducting the hearing unless the parties consent in writing.
17. Notice of Pre-Hearing Conference
17.01
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Where a pre-hearing conference is to be held, the Registrar shall give written notice of the pre-hearing conference to the parties, to those who have applied for party status and to such other persons as the Tribunal determines.
17.02
The Notice of Pre-hearing Conference may require parties by specified dates to exchange or file documents, pre-hearing submissions or provide such other information as the Tribunal deems appropriate, and such notice shall include:
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a. the date, time, place, format and purpose of the pre-hearing conference;
b. notice that each party or person who has applied for party status, to whom the notice is given, is required to attend in person or through a representative who has binding authority to make agreements and undertakings on behalf of that party or person respecting the matters addressed at the pre-hearing conference;
c. notice that if a person to whom the notice is given does not attend in person or through a representative, the conference may continue in the absence of that person and that person will not be entitled to any further notice in the proceeding;
d. notice that some or all of the issues may be settled at the pre-hearing conference; and
e. notice that orders may be made at the pre-hearing conference that will be binding on all parties, including parties added at the pre-hearing conference, with respect to the proceeding, including setting the dates for a hearing.
18. Settlements
18.01
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The Tribunal may direct the parties to participate in one or more conferences to attempt to settle any or all of the issues in dispute.
18.02
A settlement conference may be held in person or electronically.
18.03
Where a settlement conference is to be held, the Registrar shall confirm the details in writing to the parties and to such other persons that the Tribunal believes should receive such confirmation.
18.04
A party must participate in a settlement conference either in person or through a representative with binding authority to settle the matter.
18.05
The Tribunal may adjourn the settlement conference on such conditions as it considers appropriate.
In the event that a settlement conference is held:
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a. it shall be held in the absence of the public;
b. the member conducting the settlement conference may meet with each party separately to encourage settlement; and
c. the member conducting the settlement conference may not sit on the panel conducting the hearing unless the parties consent in writing.
18.07
Statements made or documents disclosed without prejudice at a settlement conference or in any settlement discussions may not be communicated to any member of the panel conducting the hearing.
18.08
The parties to an agreement to settle any or all of the issues in a proceeding may request that any terms of the agreement be included in an order of the Tribunal, to the extent permitted by law.
19. Interrogatories
19.01
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A party may direct interrogatories to another party to:
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a. clarify evidence filed by a party;
b. simplify the issues;
c. permit a full and satisfactory understanding of the matters to be considered; or
d. expedite the proceeding.
19.02
Interrogatories shall be served on all parties.
19.03
The Tribunal may, if satisfied that the parties cannot resolve the procedure for the conduct of interrogatories after making reasonable efforts to do so, issue directions regarding the conduct of the interrogatories.
20. Responses to Interrogatories
20.01
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Where interrogatories have been directed to and served on a party, that party shall:
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a. provide a full and adequate response to each interrogatory on a separate page or pages;
b. serve the response on all parties.
20.02
A party who is unable or unwilling to provide a full and adequate response to an interrogatory shall explain why the party is unwilling or unable to provide the response.
20.03
Where a party is not satisfied with the response provided, that party may file a notice of motion to have the matter determined by the Tribunal.
20.04
A party who has directed an interrogatory to another party may tender any response to that interrogatory in evidence at the hearing and the responding party shall be bound by that response.