Rules Of Practice Commission Referred by dJZGK1pB

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									HUMAN RIGHTS
TRIBUNAL
OF ONTARIO


Rules of Practice
Effective January 31, 2008
                      TABLE OF CONTENTS
                                                 Page


INTRODUCTION                                        1

APPLICATION OF THE RULES                            1
RULES 1-3
DEFINITIONS                                         2
RULE 4
GENERAL                                             3
RULES 5 - 11
ACCOMMODATION OF CODE-RELATED NEEDS                 4
RULE 12
TRIBUNAL POWERS                                     4
RULES 13 - 17
PARTIES                                             5
RULE 18
WITHDRAWAL BY THE COMMISSION                        5
RULE 19
INTERVENORS                                         5
RULE 20
COMMUNICATIONS WITH THE TRIBUNAL                    5
RULES 21 - 22
SERVICE OF DOCUMENTS                                6
RULES 23 - 28
FILING OF DOCUMENTS WITH THE TRIBUNAL               6
RULES 29 - 33
CALCULATION OF TIME                                 7
RULES 34 - 35
REFERRAL FROM THE COMMISSION                        8
RULES 36 – 38
OPPORTUNITY TO MAKE SUBMISSIONS IN RESPONSE TO
THE COMMISSION REFERRAL BRIEF                       9
RULES 39 - 45

INITIAL CONFERENCE CALL                            10
RULES 46 – 49




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                    TABLE OF CONTENTS
                                                    Page


MEDIATION                                             11
RULES 50 - 56
PREPARATION FOR HEARING                               12
RULES 57- 67
PRE-HEARING CONFERENCE                                15
RULES 68 – 69
DELIVERY OF WITNESS STATEMENTS AND DOCUMENT BOOKS     15
RULES 70 – 72
CONTINUING DISCLOSURE OBLIGATION                      16
RULES 73 – 74
NOTICE OF HEARING                                     16
RULES 75 – 76
REQUEST FOR ORDER DURING PROCEEDINGS                  16
RULES 77 - 81
EXPERT WITNESSES                                      17
RULES 82 - 83
EVIDENCE                                              18
RULE 84
ADJOURNMENT                                           18
RULE 85
SUMMONS                                               18
RULES 86 -87
INABILITY TO LOCATE A COMPLAINANT                     18
RULES 88 - 89
NOTICE OF CONSTITUTIONAL QUESTION                     19
RULE 90
COSTS UPON DISMISSAL OF THE COMPLAINT                 19
RULE 91
ENFORCEMENT OF DECISIONS                              19
RULE 92
APPEAL/JUDICIAL REVIEW OF DECISIONS                   19
RULES 93 - 95
REQUEST TO AMEND CLERICAL ERRORS, ETC.                20
RULES 96 - 97
REQUEST FOR RECONSIDERATION                           20
RULES 98 – 104


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                    TABLE OF CONTENTS
                                                     Page

WHERE RECONSIDERATION REQUEST GRANTED                  21
RULE 105

RECONSIDERATION AT THE INITIATIVE OF THE TRIBUNAL      21
RULES 106 - 107
CONSEQUENCES OF FAILURE TO COMPLY WITH THESE RULES     21
RULES 108 - 110




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                        TABLE OF CONTENTS



                                  FORMS
Form 1 - Statement of Service

Form 2 - Mediation Agreement

Form 3 - Confirmation of Full Settlement

Form 4 - Order

Form 5 - Request for an Order during Proceedings

Form 6 - Summons to Witness

Form 7 - Request for Reconsideration




                                       iv
                           RULES OF PRACTICE
                         Effective January 31, 2008

INTRODUCTION



The Human Rights Tribunal of Ontario hears and decides complaints made pursuant
to the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (“Code”).

Bill 107, the Human Rights Code Amendment Act, 2006, S.O. 2006, c. H-30
(“Amendment Act, 2006”), received Royal Assent on December 20, 2006 and will
come into full effect on June 30, 2008. Part VI (Transitional Provisions) of the
Amendment Act, 2006, allows the Tribunal to create new Rules of Practice to take
effect prior to June 30, 2008.

These Rules of Practice are in effect as of January 31, 2008 and govern the
Tribunal’s process for all complaints that have been or will be referred to the Tribunal
by the Ontario Human Rights Commission. On January 1, 2009, the Commission will
no longer have the statutory authority to refer complaints to the Tribunal. These
Rules will continue to apply to all complaints referred by the Commission prior to that
date, subject to modifications that may be required by virtue of Part VI of the
Amendment Act, 2006. All previous rules of practice are revoked as of January 31,
2008.

It is important to note that these Rules will not apply to applications filed directly with
the Tribunal under the amended Code, commencing June 30, 2008. In early 2008,
consultations will be conducted on a comprehensive set of rules of practice to govern
applications filed at the Tribunal under the new Code provisions, including
applications filed directly by the Commission.


APPLICATION OF THE RULES

1.    These Rules are adopted by the Human Rights Tribunal of Ontario (“Tribunal”)
as of January 31, 2008, pursuant to the Human Rights Code (“Code”), as amended
by the Human Rights Code Amendment Act, 2006 (“Amendment Act, 2006”).

2.    These Rules are effective as of January 31, 2008 and apply to all human rights
complaints before the Tribunal as of that date, and all complaints subsequently
referred to the Tribunal by the Human Rights Commission (“Commission”).
3.     [REVOKED]


                                            1
DEFINITIONS

4.     In these Rules:

“accommodation” means the steps taken by the Tribunal to ensure that its
proceedings are accessible to a participant in accordance with the Human Rights
Code;

“Chair” means the member who is appointed as Chair of the Human Rights Tribunal
of Ontario by the Lieutenant Governor in Council;

“Code” means the Human Rights Code;

“Commission” means the Ontario Human Rights Commission;

“filing” means the delivery of documents to the Registrar of the Tribunal in
accordance with these Rules;

“hearing” includes the Initial Conference Call, pre-hearing conference, Requests for
Orders During Proceedings and the submission of evidence and argument on the
merits of the complaint, but excludes mediation;

“holiday” includes statutory holidays, Saturdays, Sundays, and any other day that the
Tribunal is closed;

“Initial Conference Call” is the first conference call with the parties to facilitate the
timing of steps to be taken throughout the proceeding and address preliminary
hearing-related matters;

“mediation” is a confidential process where, with the consent of all parties, a mediator
assists in resolving all or part of a complaint or in narrowing the issues to be decided
at the hearing;

“mediator” is any person assigned by the Chair to conduct a mediation on behalf of
the Tribunal;

“member” means any person appointed by the Lieutenant Governor in Council to
hear and decide complaints under the Code, and includes the Chair and Vice-Chairs;

“Request for Order During Proceedings” is a request made to the Tribunal for an
order or ruling in the course of a proceeding;

“panel” means one or more members of the Tribunal assigned by the Chair to
conduct a hearing;


                                           2
“proceeding” means the proceeding before the Tribunal and includes all steps in the
disposition of a complaint from the receipt of its referral;

“representative” means the counsel or agent who is authorized to represent a person
or party in the proceeding;

“Registrar” means the Registrar of the Tribunal;

“service” means the delivery of documents to any person or party or to their
representative in accordance with these Rules;

“Tribunal” means the Human Rights Tribunal of Ontario.


GENERAL



5.    In any matter not provided for in these Rules, the practice of the Tribunal will
be determined by analogy to these Rules.

6.    No proceeding is invalid by reason only of a defect or other irregularity in form.

7.     Any part of a proceeding may be conducted in person, by way of a written
hearing, or electronically by video or telephone conference at the discretion of the
panel.

8.      Where a representative intends to cease acting for a person or party in a
proceeding, the representative shall promptly notify the Tribunal and the other parties
in writing.

9.    A hearing shall be open to the public unless otherwise directed by the panel.

10.     With the consent of the parties, the Tribunal may dispose of a proceeding or
part of a proceeding without a hearing on the merits.

11.     Parties, representatives and witnesses are entitled to communicate and
receive available services in French from the Tribunal. The Registrar should be
notified in writing as soon as possible if such services are required. Requests for
services in a language other than English or French should be communicated to the
Registrar in writing as soon as possible.




                                          3
ACCOMMODATION OF CODE-RELATED NEEDS

12.    Parties, representatives and witnesses are entitled to accommodation of
Code-related needs by the Tribunal and should notify the Registrar as soon as
possible in writing if accommodation is required. The provisions of these Rules will
be interpreted and applied in a manner that is consistent with the Code.

TRIBUNAL POWERS
13.      In any proceeding to which the Rules apply, the Tribunal will conduct its
process, and will apply these Rules in an manner that will, in its opinion, facilitate the
fair, just and expeditious resolution of the merits of a complaint.

14.    In exercising its powers and authority to hear and decide a complaint,
the Tribunal may:

       a)        lengthen or shorten any time limit in these Rules;
       b)        add or remove a party;
       c)        allow any filing to be amended;
       d)        consolidate or hear cases together;
       e)        direct that cases be heard separately;
       f)        direct that notice of a proceeding be given to any person or
                 organization;
       g)        determine and direct the order in which issues in a proceeding,
                 including issues considered by a party to be preliminary issues, will
                 be considered and determined;
       h)        require a party or other person to produce any document, information
                 or thing and to provide such assistance as is reasonably necessary,
                 including using any data storage, processing or retrieval device or
                 system, to produce the information in any form.

15.      The Tribunal may exercise any of its powers under these Rules on its own
initiative or at the request of a party.

16.    The Chair may issue general or specific practice directions at any time.

17.   The Tribunal may waive or vary the application of any of these Rules where
appropriate.


                                           4
PARTIES

18.    The parties to a proceeding before the Tribunal are:

       (a) the Commission;
       (b) the Complainant;
       (c) any person who the Commission alleges has infringed the right; and
       (d) any person added by the Tribunal under section 39(2)(d) or 39(2)(e) of
           the old Part IV of the Code.


WITHDRAWAL BY THE COMMISSION

19.   The Commission shall bring a Request for Order During Proceedings before
the Tribunal where it seeks to withdraw from participation in all or part of the
proceeding.


INTERVENORS

20.    As soon as possible after becoming aware of a proceeding, a person who is
not a party, but who wishes to intervene, must bring a Request for Order During
Proceedings before the Tribunal. In addition to the items set out in Rule 78, the
Request must set out their interest in the matter and the status and degree of
intervention sought.


COMMUNICATIONS WITH THE TRIBUNAL

21.   All communications with the Tribunal outside a hearing must take place
through the Registrar and all parties must be aware of the content of any such
communication, except for general enquiries.

22.    Where a party has a representative, all the Tribunal’s communications with
that party, with the exception of the Notice of Initial Conference Call, shall be through
the representative.




                                           5
SERVICE OF DOCUMENTS

23.   Documents may be served on a person in any of the following ways:

      (a) by personal service;
      (b) by regular or registered mail to the person's last known address;
      (c) by courier to the person's last known address;
      (d) by facsimile transmission at the person's last known address;
      (e) by electronic mail, if the party or representative receiving the mail has
           agreed to be served electronically; or
      (f) as directed by the panel.

24.   Documents delivered personally are served when given to the person or
representative or when left with a person at the individual’s last known address.

25.    Documents delivered by courier are deemed served on the day after being
given to the courier for delivery.

26.   If a document is delivered by regular or registered mail, it is deemed to be
served five (5) days after mailing.

27.    If a document is delivered by facsimile transmission or, on consent, by
electronic mail, it is deemed to be served on the day sent. If sent after 5:00 p.m.,
deemed service is effective on the next day that is not a holiday.

28.    The Tribunal may direct the Commission or another party to take steps to
confirm that service has effectively been made on a person.


FILING OF DOCUMENTS WITH THE TRIBUNAL

29.    Any document filed with the Tribunal shall include the person's name and the
name of any representative, their address, e-mail address, telephone number and
facsimile number. The document must set out the title of the proceeding, including
the Tribunal file number.

30.   Documents may be filed with the Tribunal by any of the following methods:

      (a) by hand delivery, courier or regular mail to the Tribunal at 655 Bay Street,
           14th floor, Toronto, ON M7A 2A3;
      (b) by facsimile transmission (fax) at 416-314-8743;
      (c) by electronic mail to HRTO.Registrar-Transition@ontario.ca ; or
      (d) as directed by the Tribunal.


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31.   Filing is deemed to take place by:
      (a) fax, when the person sending the document receives a fax confirmation
          receipt, but if the fax confirmation receipt indicates a time after 5 p.m., filing
          will be deemed to have occurred the next day;
      (b) e-mail, when the person sending the document receives an e-mail
          confirmation from the Tribunal, but if the e-mail confirmation indicates a
          time after 5 p.m., filing will be deemed to have occurred the next day;
      (c) hand delivery, courier, or mail, on the date of receipt stamped on the
          document by the Tribunal.

32.   Except with the permission of the Registrar, documents filed with the Tribunal
by facsimile transmission or by electronic mail shall be delivered before 5:00 p.m.
Except with the permission of the Registrar, documents filed with the Tribunal by
facsimile shall not exceed 18 pages in length.

33.   Any party filing a document, other than a document filed only for the
consideration of a Tribunal mediator, must at the same time deliver a copy of the
document to all other parties to the proceeding and must verify delivery by filing a
Statement of Service (Form 1).


CALCULATION OF TIME

34.    Where a Rule or an order or direction refers to a period of time, it will be
calculated as follows:

      (a) when calculating the number of days between two events, the day on
          which the first event happens is not counted. The day on which the second
          event happens is counted;
      (b) when the time period is less than seven days, holidays are not counted;
          and
      (c) when the time expires on a holiday, the act may be done on the next day
          that is not a holiday.

35.   The Tribunal may extend or abridge the time limits of any obligation under
these Rules.




                                            7
REFERRAL FROM THE COMMISSION

36.    Where the Commission refers a complaint to the Tribunal under s.33(6), s.36
or s.37 of the Code, the Commission shall file with the Tribunal and serve on all
parties, a referral brief containing:

      (a)    the referred complaint (as amended, if it has been amended from the
             time of filing at the Commission);
      (b)    the response to the complaint by the Respondent(s), if any;
      (c)    the Commission’s investigation report, if any, and the response by the
             Complainant or Respondent(s) to the investigation report, if any;
      (d)    a copy of the letters from the Chief Commissioner to the parties
             notifying them of the referral to the Tribunal;
      (e)    where the Commission will be requesting a preliminary or procedural
             order at the Initial Conference Call, notice of the request(s) and the
             grounds for the request(s), without legal argument; and
      (f)    a statement of service (Form 1) confirming delivery to the Complainant
             and the Respondent(s) of the referral brief and letter.


37.     In addition to the requirements in Rule 36, the Commission shall at the same
time file with the Tribunal and serve on all parties, a referral letter containing the
following:

      (a)    a list of the full names and last known address, or, where appropriate,
             the address for service, as well as the telephone number, facsimile
             number and email address, if any, of each party and representatives (if
             any);
      (b)    a statement that the Commission has taken steps to confirm that the
             addresses provided for the parties are current and accurate;
      (c)    information on accommodation needs of the parties or of any of the
             representatives, if known to the Commission;
      (d)    a statement as to the location where the events giving rise to the
             complaint took place; and
      (e)    a statement confirming that the Commission has informed the parties
             that the Tribunal will be contacting them to convene an Initial
             Conference Call within 30 days of delivery of the referred complaint.

38.     If the Commission becomes aware of a change in the address, phone number,
fax number or email address of a party or its representative, or if the Commission
changes its own representative, the Commission shall immediately notify the Tribunal
in writing, copied to the other parties.




                                           8
OPPORTUNITY TO MAKE SUBMISSIONS IN RESPONSE TO
THE COMMISSION REFERRAL BRIEF

39. A Complainant may rely on the referral brief and letter filed by the
Commission.

40.     A Complainant may choose to provide additional information including any of
the following:

      (a) a statement of any facts relied upon that are additional to, or different
          than, the facts set out in the complaint or investigation report filed by the
          Commission;
      (b) a request for preliminary or procedural orders, and the grounds for the
          request, without legal argument.

41.    Where the Complainant chooses to provide additional information, it must be
served on the other parties, and filed with the Tribunal, no later than 20 days after
receipt of the referral brief and letter.

42.    Where, prior to the referral of the complaint, a Respondent has provided the
Commission with a response to the complaint or to the Commission’s investigation
report, the Respondent may rely in whole or in part on the substance of the previous
response(s), until required to serve and file a hearing brief in accordance with these
Rules.

43.     A Respondent may choose to provide additional information including any of
the following:

      (a) a statement of any facts relied upon that are additional to, or different
          from, the facts set out in the response(s) filed with the Commission;
      (b) a request for preliminary or procedural orders, and the grounds for the
          request, without legal argument.

44.    Where the Respondent chooses to provide additional information, it must be
served on the other parties, and filed with the Tribunal, no later than 25 days after
receipt of the referral brief and letter.

45.     Where a Respondent did not provide the Commission with a response to the
complaint or to the Commission’s investigation report, the Respondent shall, no later
than 25 days after receipt of the referral brief and letter, serve on the other parties
and file with the Tribunal, a brief written submission including:

      (a) a response to the complaint, setting out a specific admission or denial to
          each allegation in the complaint, as well as any facts relied upon by the
          Respondent;

                                           9
       (b) a response to the Commission’s investigation report, if any, setting out the
           Respondent’s position on the report; and
       (c) any request for preliminary or procedural orders, and the grounds for the
           request, without legal argument.

INITIAL CONFERENCE CALL

       Notice of Initial Conference Call

46.    The Tribunal will commence the proceeding with an Initial Conference Call
with the parties within 30 days of delivery of the referred complaint to the Tribunal.
The Tribunal will provide the parties with notice of the Initial Conference Call at the
addresses provided by the Commission.


       Purpose of Initial Conference Call

47.    The purpose of the Initial Conference Call will be to:

       (a) ensure that all parties and their representatives, if any, have received
           notice of the proceeding;
       (b) confirm names and addresses of parties and their representatives;
       (c) identify any other persons who, in the opinion of one or more parties, may
           be affected by the proceedings;
       (d) identify and discuss any accommodation needs identified by the parties;
       (e) schedule a date for mediation, if mediation is agreed to by the parties;
       (f) schedule dates in advance of the mediation by which the parties must
           serve and file materials that they wish to rely upon for mediation, and
           dates for the production of documents required for mediation;
       (g) if the parties do not agree to mediation, confirm dates for the exchange of
           hearing briefs and for disclosure in accordance with Rules 57 – 67, and
           set a date for a pre-hearing conference call;
       (h) identify or confirm requests by any party for a procedural or preliminary
           order, and resolve or determine the request(s), after hearing from the
           parties;
       (i) in the alternative, provide directions for hearing and deciding requests for
           preliminary or procedural orders.

48.      Where the Tribunal has delivered a notice of the Initial Conference Call to a
party at the address provided by the Commission, and the party fails to attend the
Initial Conference Call and fails to otherwise contact the Tribunal, the Commission
must, within 10 days of the Initial Conference Call:

       (a)   advise the Tribunal in writing, copied to the other parties, as to how it
             proposes to proceed; and

                                            10
       (b)   provide the Tribunal with information about its efforts to locate a current
             address for the absent party.

49.     Where a party receives a notice of the Initial Conference Call and the party
fails to attend, the Tribunal may proceed in their absence and the party is not entitled
to any further notice of the proceedings.

MEDIATION

    Notice of Mediation

50.    Where the parties have agreed to mediation, the Tribunal will provide the
parties with a Notice of Mediation setting out:

       (a)    the date, time, place of the mediation;
       (b)    the date, which shall be at least 20 days prior to the mediation date, by
              which the Commission is required to serve and file:
                i)    a detailed outline of the requested remedy for the purpose of
                      mediation; and
                ii)   any document that the Commission considers useful for the
                      purpose of settlement discussions.
       (c)    the date, which shall be at least 10 days before the mediation date, by
              which the other parties are required to serve and file:
                i)    their response, if any, to the Commission’s position on remedy;
                II)   any additional documents that the parties consider useful for
                      the purpose of settlement discussions.
       (d)    Any other order or direction made during the Initial Conference Call.

Conduct of the Mediation

51.   Mediation discussions will be conducted in a confidential manner and the
content of the discussions cannot be referred to in any other proceedings, including
proceedings before the Tribunal, without the consent of all parties and the Tribunal.

52.    Where, during mediation, parties reach an agreement on one or more facts or
issues, and that agreement is in writing and signed by the parties, such agreement
may be referred to in a Tribunal proceeding.

53.    Parties must attend the mediation with a good knowledge of the facts and
evidence on which they intend to rely and must be prepared to communicate their
positions on the merits of the complaint and on the proposed remedy.

54.    Where an officer or other person attends the mediation as a spokesperson for
a corporate respondent or another non-individual party, other than the Commission,
the spokesperson must have authority to participate in all aspects of the discussions
and to settle any and all issues in dispute.
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55.    Where the parties resolve the complaint in full, the Commission or the
Complainant, where the Commission is not a party to the settlement but does not
oppose it, shall file a signed Confirmation of Full Settlement (Form 3, Rules of
Practice) with the Tribunal, together with a draft Order (Form 4, Rules of Practice).
The Form 3 and Form 4 must be filed within 45 days of execution of the Minutes of
Settlement.

56.      Where the parties are unable to resolve the complaint in full, the mediator will
facilitate discussions with the parties to:

         (a)      settle part of the complaint or some of the issues in dispute;
         (b)      narrow and simplify any outstanding issues;
         (c)      agree on facts or evidence not in dispute;
         (d)      set dates for the exchange of hearing briefs and disclosure, and set a
                  date for a pre-hearing conference call;
         (e)      identify the number of witnesses that each party is intending to call and
                  the estimated duration of the evidence;
         (f)      estimate the number of hearing days required to complete the case;
         (g)      resolve requests by a party for preliminary or procedural orders;
         (h)      provide directions for hearing and deciding outstanding requests for
                  preliminary or procedural orders.


PREPARATION FOR HEARING

         Next Steps of Commission

57.    Where a complaint is not fully settled at mediation, or where mediation is
declined, the Commission shall serve on the other parties, and file with the Tribunal,
a hearing brief that shall contain the following:

   (a)         a statement of all facts upon which the Commission intends to rely,
               including what happened, when and where it happened, and who was
               involved;
   (b)         a list of the Commission’s intended witnesses;
   (c)         an estimate of the number of hearing days required to present the
               Commission’s evidence and submissions;
   (d)         a detailed description of the orders or remedies being sought including the
               amount claimed for damages and any public interest remedies; and
   (e)         a statement of service (Form 1, Rules of Practice) verifying service of the
               hearing brief on the other parties.

58.    The Commission shall serve and file the hearing brief no later than 30 days
following the Initial Conference Call, where mediation was declined, or where a
mediation was held, within 30 days following an unsuccessful mediation.
                                              12
59.     In addition, the Commission shall, by the same date, provide to all parties and
to any other person as ordered by the Tribunal, disclosure and production of the full
results of its investigation including, but not limited to, witness statements that form
part of the investigation file, together with any other arguably relevant documents or
records in its possession or within its control.


       Next Steps of Complainant

60.     The Complainant may rely on the hearing brief filed by the Commission.
However, if the Complainant intends to rely on additional facts, documents or
witnesses, or intends to seek different orders or remedies, the Complainant must
serve on the other parties, and file with the Tribunal, a hearing brief that shall include
the following:

       (a)   a statement setting out the facts in the Commission’s hearing brief with
             which the Complainant disagrees and any additional facts that the
             Complainant intends to rely upon, including what happened, when and
             where it happened, and who was involved;
       (b) a list of any additional witnesses;
       (c) an estimate of the number of additional hearing days, if any, required to
             present the Complainant’s case;
       (d) a detailed description of any additional remedies sought by the
             Complainant, including damages and any public interest remedy;
         (e) a statement of service (Form 1, Rules of Practice) verifying service of the
             Complainant’s hearing brief on the Commission and the Respondent(s).

61.    Where the Complainant chooses to provide a hearing brief, the Complainant
shall serve and file the hearing brief no later than 40 days following the Initial
Conference Call, where mediation was declined, or where a mediation was held,
within 40 days following the unsuccessful mediation.

62.    The Complainant shall, by the same date, provide to the other parties and to
any other person as ordered by the Tribunal, full disclosure and production of any
arguably relevant documents or records in their possession or within their control, not
already disclosed and produced by the Commission. The Complainant is required to
provide disclosure under this rule regardless of whether he or she has filed a hearing
brief.


       Next Steps of Respondent(s)

63.   A Respondent shall file with the Tribunal and serve on the other parties, a
hearing brief which shall include the following:

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      (a) a statement of agreement or disagreement with each fact or allegation in
          the hearing brief(s) of the Commission, and the Complainant, if applicable,
          and, where the Respondent intends to rely on a different version of the
          facts, a statement setting out all additional facts that the Respondent will
          rely upon, including what happened, when and where it happened, and
          who was involved;
      (b) a list of the Respondent’s intended witnesses;
      (c) the estimated number of hearing days required to present the
          Respondent’s evidence and submissions;
      (d) a statement of the Respondent’s position with respect to the orders or
          remedies requested by the other parties; and
      (e) a statement of service (Form 1) verifying service of the complete hearing
          brief on the Commission, the Complainant and any other party or parties.

64.    The Respondent shall serve and file the hearing brief no later than 60 days
following the Initial Conference Call, where mediation was declined, or where a
mediation was held, within 60 days following an unsuccessful mediation.

65.    The Respondent shall, by the same date, provide to the other parties and any
other person as ordered by the Tribunal, full disclosure and production of any
arguably relevant documents or records in their possession or within their control, not
already disclosed and produced by the other parties.


      Right of Parties to Reply

66.    Each party has a right to serve and file a Reply to the hearing brief of another
party as follows:

      (a) The Commission may reply to a hearing brief filed by the Complainant or
          the Respondent(s);
      (b) The Complainant may reply to a hearing brief filed by the Respondent(s);
          and
      (c) Where there is more than one Respondent, each Respondent may reply to
          the hearing brief of the other Respondent(s).

67.    A Reply must be served on all parties and filed with the Tribunal together with
a statement of service (Form 1, Rules of Practice) within five (5) days of service of
the Respondent’s hearing brief.




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PRE-HEARING CONFERENCE

68.    The Tribunal may, at any time, direct the parties to attend a pre-hearing
conference, in person or by telephone conference call, to address any issue that, in
the opinion of the Tribunal, should be decided in order to ensure a fair, just and
expeditious resolution of the merits of the complaint.

69.     At a pre-hearing conference, the Tribunal may give directions or make orders
as it considers appropriate, including:

      (a)   setting dates for any stage in the proceeding, including dates for
            the hearing of the substance of the complaint;
      (b)   resolving or determining any issue;
      (c)   discussing whether mediation or further mediation may be
            appropriate;
      (d)   determining the order in which issues in a proceeding will be
            considered and decided.


DELIVERY OF WITNESS STATEMENTS AND DOCUMENT BOOKS

70.     The Commission must serve on the other parties, and file with the Tribunal, no
later than 15 days prior to the commencement of the hearing into the substance of
the complaint, the following:

      (a)   a document book containing a copy of all documents that the
            Commission intends to rely upon; and
      (b)   a list of all witnesses and a brief summary of the intended evidence of
            each witness.

71.      A Complainant is entitled to rely on the document book, witness list and
summaries of intended evidence filed by the Commission. However, if the
Complainant intends to rely on documents and/or call witnesses in addition to those
disclosed by the Commission, the Complainant must serve on the other parties, and
file with the Tribunal, no later than 10 days prior to the commencement of the hearing
into the substance of the complaint, the following:

        (a) a document book containing a copy of all additional documents that the
            Complainant intends to rely upon; and
        (b) a list of all additional witnesses and a brief summary of the intended
            evidence of each witness.

72.    The Respondent(s) must serve on the other parties, and file with the Tribunal,
no later than 10 days prior to the commencement of the hearing into the substance of
the complaint, the following:

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        (a)   a document book containing a copy of all documents that the
              Respondent(s) intends to rely upon, excluding any documents already
              filed by another party; and
        (b)   a list of all witnesses and a brief summary of the intended evidence of
              each witness.


CONTINUING DISCLOSURE OBLIGATION

73.    Disclosure is an ongoing obligation. Each party must promptly disclose and
produce, to all other parties, all arguably relevant documents discovered or acquired
during the proceedings, and must promptly advise all other parties of any changes to
the information disclosed or produced.

74.    At the request of a party, and upon being satisfied that there are good reasons
for doing so, the Tribunal may order a party to provide a list of documents over which
the party claims privilege and the grounds for the privilege asserted.


NOTICE OF HEARING

75.    The Tribunal shall give written notice of the hearing to the parties and to such
other persons as the Tribunal considers appropriate.

76.    Where appropriate, the Tribunal may at any time also direct a party to give
notice of the hearing to any other person.


REQUEST FOR ORDER DURING PROCEEDINGS

77.    A party may make a request for an order at any stage in the proceedings by
serving on all parties and filing with the tribunal a Form 5 (“Request for Order During
Proceedings”).

78.   The Request must:

      (a) provide a detailed description of the orders or remedies requested;
      (b) contain reasons for the request, including any facts the requester is relying
          upon, without legal argument;
      (c) include any documents that the requester intends to rely upon;
      (d) indicate how the requester would like the Tribunal to deal with the matter;
          whether in writing, in person, or by telephone conference call, and how
          much time will be required to deal with the matter, if in person or by
          conference call;
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      (e) indicate whether the requester has obtained the consent of another party
          to any term of the order sought, including the manner in which the
          requester wishes the matter to be heard; and
      (f) include a completed statement of service (Form 1) for each party.

79.   If the party requesting the order seeks to have it heard on an urgent basis they
must indicate this in the Request for Order During Proceedings, along with the
reason for urgency, and the legal arguments in support of the order sought.

80.    The Tribunal will determine how and when the request will be dealt with,
including whether the request will be heard in writing, in person or by telephone
conference call and, where necessary, will set a date for the hearing of the request.

81.     Unless the Tribunal directs otherwise or the request is on consent, the other
parties must respond to a Request for Order During Proceedings in writing and their
response must be served on all parties and filed with the Tribunal no later than ten
(10) days after the Request for Order During Proceedings was served. A response
filed with the Tribunal must include:

      (a) the responding party’s position with respect to the orders or remedies
          requested, and the reasons for the position;
      (b) where the requester is relying on facts, the facts that the responding party
          agrees with, or disputes;
      (c) any additional facts that the responding party will rely upon;
      (d) any documents that the responding party intends to rely upon that were
          not included by the requester; and
      (e) a completed statement of service (Form 1) for each party.


EXPERT WITNESSES

82.    A party who seeks to have a witness qualified as an expert to give opinion
evidence shall, not less than fifteen (15) days before the anticipated date of such
testimony, serve on every other party and file with the Tribunal, a statement of the
name, address and qualifications of the witness along with the report of the witness
or, where a report is not prepared but the witness is to testify, a summary of the
proposed testimony, together with a statement of service (Form 1).

83.   Where a party fails to comply with Rule 82, the Tribunal may take any action it
considers appropriate, including refusing to allow the witness to testify.




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EVIDENCE

84.    At a hearing the Tribunal may admit any evidence, including hearsay, relevant
to the subject matter of the proceeding.


ADJOURNMENT

85.      Any step in the proceeding may be adjourned by the Tribunal on its own
initiative or at the request of a party. The Tribunal may impose such conditions on an
adjournment as it considers appropriate.

SUMMONS

86.    A party who requires the attendance of a person as a witness in a Tribunal
hearing may request a summons (Form 6) from the Registrar. The party must
complete the summons by including the name of the witness, the date, time and
address of the hearing and, where necessary, identifying any relevant document or
other physical evidence the witness is required to bring to the hearing.

87.     The summons must be served personally on the person to whom it is directed
together with attendance money calculated in accordance with Tariff A of the Rules
of Civil Procedure.


INABILITY TO LOCATE A COMPLAINANT

88.   Where the Commission cannot locate a Complainant and decides not to
pursue a complaint that has been referred to the Tribunal, the Commission shall:

      (a) serve the Complainant by registered mail at their last known address with a
          letter detailing its attempts to locate the Complainant and to serve them
          personally with the notice of referral to the Tribunal. Copies of the referral
          and any subsequent notices regarding the proceeding must accompany
          the letter. The letter shall also include a statement that, if the complainant
          does not respond to the Commission within ten (10) days of receipt of the
          letter, the Commission may request that the complaint be disposed of;
      (b) serve all parties with a copy of the letter with the attachments; and
      (c) file the letter, the attachments and a statement of service (Form 1) with the
          Registrar.

89.   Upon the expiration of the ten (10) day period for response, the Commission
may file a Request for Order during Proceedings (Form 5) to dispose of the

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complaint. The Request for Order during Proceedings is to be sent by registered
mail to the Complainant’s last known address.


NOTICE OF CONSTITUTIONAL QUESTION

90.     Where a party intends to raise a question about the constitutional validity or
applicability of legislation, these Rules or a regulation or by-law made under
legislation, or a rule of common law, or where a party claims a remedy under s. 24(1)
of the Canadian Charter of Rights and Freedoms, a Notice of Constitutional Question
must be served on the other parties and the Attorneys General of Canada and
Ontario and delivered to the Tribunal as soon as the circumstances requiring notice
become known and, in any event, at least fifteen (15) days before the question is to
be argued.


COSTS UPON DISMISSAL OF THE COMPLAINT

91.   A Respondent who intends to seek costs pursuant to subsection 41(4) of the
Code should indicate this intention to the Tribunal prior to the conclusion of the
hearing.


ENFORCEMENT OF DECISIONS

92.    At the request of any party, the Registrar shall provide a certified copy of a
decision or order of the Tribunal, which may be filed with the Office of the Registrar of
the Superior Court of Justice to be enforced as an order of that Court.


APPEAL/JUDICIAL REVIEW OF DECISIONS
[Note that s.52(3) of the amended Code removes the right of appeal in respect of
complaints that are referred by the Commission to the Tribunal after December 20,
2006.]

93.    An appeal from a final decision of the Tribunal operates as a stay of the final
decision unless a court orders otherwise.

94.    An application for judicial review under the Judicial Review Procedure Act is
not an appeal within the meaning of Rule 93 and does not operate as a stay of a
decision of the Tribunal unless the Tribunal or a court rules otherwise. Any notice of
application for judicial review must be served upon the Registrar or counsel to the
Tribunal.

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95.  A party appealing a decision of the Tribunal must file a copy of the Notice of
Appeal with the Registrar of the Tribunal.


REQUEST TO AMEND CLERICAL ERRORS, ETC.

96.    Within 30 days from the date of a decision, a party may request that the
Tribunal correct a typographical error, error of calculation, or similar error made in the
decision or order. The Tribunal may, at any time, make similar corrections.

97.    The request shall be considered by the same panel that rendered the original
decision, unless the Tribunal Chair determines otherwise.


REQUEST FOR RECONSIDERATION
[Note: See Rule 3.]

98.   Any party may request reconsideration of a final decision of the Tribunal within
30 days of the date of the decision.

99.    A request for reconsideration must be made in Form 7 and be delivered to all
parties, along with a copy of the “Notice of Request for Reconsideration” (Notice 1)
before it is filed with the Tribunal.

100.   A request for reconsideration must include:

       (a) reasons for the request, including the basis upon which the Tribunal is
           asked to grant the request for reconsideration;
       (b) submissions in support of the request; and
       (c) the remedy or relief sought.

101. A party who has been served with a request for reconsideration need not file a
response with the Tribunal unless the Tribunal directs that a response is required.
Where a party is directed to file a response to the request, it must include complete
written representations in support of its position.

102. A request for reconsideration will not be granted unless the Tribunal is
satisfied that:

       (a) there are new facts or evidence that could potentially be determinative of
           the case and that could not reasonably have been obtained earlier;
       (b) the party seeking reconsideration was entitled to but, through no fault of its
           own, did not receive notice of the proceeding or a hearing;
       (c) the decision or order which is the subject of the reconsideration request is
           in conflict with established jurisprudence or Tribunal procedure and the
                                            20
           proposed reconsideration involves a matter of general or public
           importance; or
       (d) other factors exist that, in the opinion of the Tribunal, outweigh the public
           interest in the finality of Tribunal decisions and orders.

103. The Tribunal shall not grant a request for reconsideration without providing the
affected parties an opportunity to make submissions.

104. The determination of the reconsideration request shall be conducted by written
submissions unless the Tribunal decides otherwise.


WHERE RECONSIDERATION REQUEST GRANTED

105.   Where the Tribunal grants a request for reconsideration, it may:

       (a) make a decision on the substance of the matter without further
           submissions from the parties, or
       (b) determine a procedure for rehearing all or part of the matter.


RECONSIDERATION AT THE INITIATIVE OF THE TRIBUNAL

106. The Tribunal may reconsider a decision on its own initiative where it considers
it advisable and appropriate to do so.

107. Where the Tribunal decides to reconsider a decision on its own initiative it will
determine a procedure for rehearing all or part of the matter, which will include an
opportunity for the parties to make submissions.


CONSEQUENCES OF FAILURE TO COMPLY WITH THESE RULES

108. No party will be entitled to rely on facts or introduce evidence or documents
that were not provided, disclosed or produced in accordance with these Rules except
with leave of the Tribunal.

109. If the address, phone number, fax number or email address of a party or
his/her representative changes, the party shall immediately notify the Tribunal and all
other parties of the change in writing. Where any party fails to provide the Tribunal
with their current and accurate contact information, the Tribunal may proceed in the
absence of that party.




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110. Where a party fails to comply with any Rule or fails to comply with any Order
or Direction of the Tribunal, the Tribunal may take any action it considers appropriate
and may:

      a)    proceed to deal with the complaint without further notice to the that party;
            and
      b)    deem that party to have waived their rights with respect to further notice
            or participation in the proceeding.




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