I love checklists! There is something reassuring about reducing preparation for a hearing to a list of steps to follow. Of course, hearing preparation is not like a recipe that you follow closely, but it doesn’t hurt to have a list of questions to refer to as you face the tasks of preparation.
The Law Society of Upper Canada has prepared a useful checklist for counsel preparing for Ontario tribunal hearings. It relies heavily on references to the Statutory Powers Procedures Actwithout summarizing those requirements. This makes it less useful as a stand-alone tool, but still relevant.
For counsel accustomed to tribunal hearings, there is nothing new here. However, there are some useful considerations posed that should be seriously considered (and followed) more often. Here are a few:
- • Consider preparing an agreed statement of facts to reduce the time required for the hearing.
- • File relevant case law or previous tribunal decisions. Consider filing a joint book of authorities.
- • Determine if the tribunal maintains a book of commonly cited authorities, which obviates the need to file further copies.
- • Determine whether to submit individual documents into evidence or whether documents can be assembled into a document brief (also called a book of exhibits). Consider filing a joint document brief. Determine if original documents are necessary.
- • Make sufficient copies of the document brief for the adjudicator(s), the opposing party, the witness, your client and the tribunal’s registrar.
The section on preparing the client and witnesses is basic, but worth remembering:
- • Ensure that your client and witnesses know where they are going and what time they are expected to arrive. Explain the layout of the room and the people who will be present.
- • Explain the importance of telling the truth and the tribunal’s procedures for swearing or affirming.
- • Prepare your client and your witnesses to give evidence. Ensure that they have reviewed the relevant documents and facts.
- • Speak to your client and your witnesses about the possibility of an “exclusion of witnesses” order being made by the tribunal.
- • Explain to your client and to your witnesses the limitations on your ability to communicate with them while they are giving evidence.
The penultimate bullet highlights nicely the diversity of tribunal proceedings and the need to see how the tribunal proceeds “on the ground” rather than relying solely on the applicable statute and the Tribunal’s Rules:
Each tribunal’s procedure for conducting a hearing is unique. You may wish to attend a hearing in advance to familiarize yourself with the process.
Check out this checklist and consider integrating it into your existing checklist for hearing preparation.