GUIDELINES FOR INTRODUCTION OF EVIDENCE AT A HEARING

 

 

The Board has enacted Rules to govern the management and hearing of appeals.  During the appeal management process, the Rules give the Board the power and discretion to order the parties to produce or file evidence that they intend to rely on at the hearing, prior to the hearing.  (See Rules 15 and 19 of the Board Rules.) 

 

By conducting appeal management and ordering evidence to be produced prior to the hearing, the Board attempts to ensure that:

 

·        all contentious matters are disclosed in advance,

·        parties know each other’s  case,

·        evidence is submitted at the hearing, efficiently and appropriately,

·        adjournments are not required, and

·        hearings are completed as scheduled. 

 

A party must comply with any Board orders and produce to the other party and the Board all documents that they intend to rely on, prior to the hearing, or the document may not be admitted. 

 

If a party asks for evidence to be admitted that had not been pre-filed, the hearing panel has discretion to refuse to admit evidence not previously produced, if circumstances warrant.

 

For example, evidence that was not pre-filed might be admitted, if a fact arises during the course of a witness’ evidence that could not have been reasonably foreseen. In that case, a party can apply to the hearing panel to admit new evidence to respond or clarify that fact.  If the other party objects to the admission of this evidence, the hearing panel will have to decide whether to admit the evidence. In making this decision, the panel will consider and balance the following:

 

·        If  the party requesting  admission of the new evidence, needs it to put in their case fully,

·        If  the other party will be surprised or unprepared for the new evidence, and the effect on their case

·        the effect of admitting new evidence on completing the hearing, including whether an adjournment would be required, and if so, whether any associated costs of adjourning the hearing should be payable by  the party who is asking for  the new evidence to be admitted, and,

·        any other relevant circumstances.

 

If the panel determines that the prejudice to the other party and the impact on the efficient conduct of the hearing outweighs the interest of the party requesting the evidence be admitted, the panel may decline to admit the new evidence.