In keeping with the Tribunal's mandate to hold hearings in an expeditious manner, the registrar will contact the parties to arrange the details of a hearing as soon as possible following receipt of a request for review.
Motions or Preliminary Requests
If at all possible, motions should be submitted in writing to the Tribunal in advance of the hearing to allow the Tribunal time to request representations if necessary, so as to avoid unnecessary adjournments and a possible award of costs against a party.
All relevant evidence and exhibits should be presented at the review hearing. Evidence is usually in the form of sworn oral testimony with both parties being provided the opportunity to cross-examine witnesses. Documents, photographs and other forms of evidence may also be used. Both parties may examine the original documents filed as exhibits. Each party should provide sufficient copies for the other party and the Tribunal member.
Postponement of a Hearing
In an effort to conduct its matters efficiently, the Tribunal will only grant postponements on motion and for good cause. Good cause is not the scheduling of another commitment after a party receives the notice of hearing. The fact that the opposing party has no objection to a postponement request will not, without good cause, provide a basis for a postponement. If a postponement is unavoidable, it is imperative that the request be filed as soon as possible.
If a case lends itself to settlement, then the settlement should take place in sufficient time to allow the Tribunal to cancel accommodations and court reporters so the Tribunal is not charged a fee for services. The Tribunal would like at least five days' notice, but must have at least two days' notice of settlement when possible.
Awarding of Costs
According to section 19 of the Transportation Appeal Tribunal of Canada Act, the Tribunal may award any costs, and may require the reimbursement of any expenses incurred in connection with a hearing, that it considers reasonable if
it is seized of the matter for reasons that are frivolous or vexatious;
a party that files a request for a review or an appeal and does not appear at the hearing does not establish that there was sufficient reason to justify their absence; or
a party that is granted an adjournment of the hearing requested the adjournment without adequate notice to the Tribunal.
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