Part VI - Evidence and Witness

31. Disclosure and Production of Documents

31.01

Each party has an obligation by the date by which it has agreed to do so, or by which the Tribunal has directed it to do so, to:

a. disclose to the other parties all documents that it proposes to tender as evidence in the proceeding
b. produce to the other parties all other documents that are in its possession or control and are relevant to any issues in dispute in the proceeding; and
c. file and serve on the other parties a list of relevant documents that it refuses to produce, together with the reason for the refusal;

Where a party has failed to produce a relevant document, any other party may file and serve a notice upon that party to produce the document.

Where a party has not produced a relevant document, after proper notice from another party to do so, that other party may file and serve a notice of motion to have the Tribunal determine that production should be required.

Nothing in these Rules requires a party to produce a document, albeit relevant, for which privilege exists that would prevent introduction of the document at the hearing, although the existence of the document must be disclosed.

The obligation of a party to produce relevant documents continues throughout the proceeding.

32. Disclosure of Allegations of Misconduct

32.01

Where the good character, propriety of conduct or competence of a party is an issue in the proceeding, the party is entitled to be furnished with reasonable information of any allegations at least 14 days before the hearing.

33. Written Evidence

33.01

For an oral or electronic hearing, a party who relies on written evidence shall serve that evidence on the other parties at least 30 days before the hearing or as directed by the Tribunal.

The Tribunal may direct a party to submit evidence in a specific format.

The Tribunal may refuse to consider evidence not served or submitted in accordance with Rule 33.01 or Rule 33.02, or may direct that the evidence be tendered in a different manner or that the evidence shall only be considered on such conditions as the Tribunal may specify.

34. Reports of Experts

34.01

At least 30 days before the hearing or as otherwise directed by the Tribunal, a party who intends to call an expert witness or to rely on or refer to the written report of an expert shall serve on the other parties a signed copy of that report or a report summarizing the expert opinion that the witness will give, as the case may be, and any such report shall include the name, address, and qualifications of the expert.

Where a party receives an expert report with insufficient time to obtain its own expert report in response, that party may comply with Rule 34.01 by serving the expert report at least seven days before the hearing or as otherwise directed by the Tribunal.

The Tribunal may refuse to consider an expert report or the evidence of an expert witness where the party putting forward the report or the witness has failed to comply with Rule 34.01 or Rule 34.02 or may direct that the report or the evidence shall only be considered on such conditions as the Tribunal may specify.

35. Witnesses

35.01

Subject to Rule 35.05, witnesses at an oral or electronic hearing shall be examined under oath or affirmation, unless otherwise directed by the Tribunal.

At least 30 days before the hearing or as otherwise directed by the Tribunal, a party who intends to call a non-expert witness shall provide the other parties with the name of the non-expert witness that the party intends to call to present evidence and shall serve on the other parties a witness statement or statement of evidence the witness will give.

Where a party receives a witness statement or statement of evidence with insufficient time to obtain its own witness in response, that party may comply with Rule 35.02 by providing to the other parties the name of a witness in response and serving on them a witness statement or statement of evidence for that witness at least seven days before the hearing or as otherwise directed by the Tribunal.

The Tribunal may refuse to consider the evidence of a witness where the party putting forward the witness has failed to comply with Rule 35.02 or Rule 35.03 or may direct that the evidence shall only be considered on such conditions as the Tribunal may specify.

The Tribunal may order that:

a. any particular facts be proved by affidavit;
b. the affidavit of a witness be read at an oral or electronic hearing; and
c. a witness be examined under oath or affirmation before the hearing.

The Tribunal may direct a witness to confirm under oath or affirmation that certain written evidence was prepared by the witness or under the direction or control of the witness and is accurate to the best of his or her knowledge or belief.

36. Summons to Witness

36.01

A party who wishes to summon a person to give testimony or to produce documents at a hearing shall prepare a Summons to Witness in Form 3(a) (oral hearings) or Form 3(b) (electronic hearings) and submit it to the Registrar.

The Chair, Vice-Chair or member of the panel may sign the Summons.

The party requesting a Summons shall serve it personally upon the person named in the Summons and pay the person the attendance fee set out in Appendix B.