Common Law Rules of Procedure for Tribunals in Canada by Diana Ginn 9780433539131 *85a [ZZ]

Rules, Commentary, and Practice Tips. Paperback, Lexis

The first of its kind in Canada, Common Law Rules of Procedure for Tribunals in Canada: Rules, Commentary, and Practice Tips by Diana Ginn and Lisa Teryl is a practical guide that makes common law rules of procedure for tribunal hearings easily accessible and understandable. The rules are directed toward all participants – whether tribunal members, lawyers, or parties, including self-representing individuals.

Relevant to federal, provincial and territorial tribunals, this handbook explains when to rely on the common law and how to determine the correct procedural rule. Stand-alone rules, clear annotated commentary and practice tips will help tribunals run hearings fairly and confidently and will guide parties through the process. The book also features a special Foreword by former Chief Justice Beverley McLachlin.

Topics Covered

• Notice of hearings
• Oral hearings, including adversarial, inquiry-based and binding mediation
• Expedited hearings
• Postponements
• Settlements
• Waiver of procedural rights
• Hearings open to the public and media
• Publication ban or closing hearing to the public
• Authentication of electronic documents
• Providing documentary evidence
• Allowing a witness to give an expert opinion
• Written reasons
• Enforcement of decisions
• Tribunal participation in appeal or judicial review
• Plus much more

Who Should Read This Book

• Tribunal adjudicators – this book will help contribute to consistency and transparency in the decision-making procedures of the tribunal, and help avoid the procedural obstacles that may occur when particular questions arise repeatedly in hearings
• Lawyers appearing before tribunals, including legal aid lawyers – this book will help create efficiencies for their clients, often eliminating the burden of extensive legal briefs
• Parties and self-representing individuals before tribunals – this book will help parties to engage in the hearing process on a more equal playing field and will facilitate better quality outcomes
• Provincial and federal justice departments and law reform initiatives – this book will help with developing new general procedural legislation for tribunals in their jurisdiction, and amending or expanding an existing statute
• Law students – this book will be an excellent resource for administrative law courses