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Preparing Your Appeal

Before filing your appeal you should plan what evidence you will need to prove your case, and how you will present that evidence.

You will have to submit your evidence when you submit your Form C Appeal.  These documents will be given to the other party, who has the right to examine them and provide their own documents in response.

Information Box Group

Best Evidence

The success of your case depends on the evidence that you provide to support your position.

The “best evidence” is always direct, relevant and original documents, statements, or other information that support the facts of your case.

Relevant Evidence

Evidence must be relevant, which means it relates to the issues and facts. Ask yourself: does this evidence help you prove the facts of your case?

Here is an extreme example: if the issue in your case is whether an injury was work related, the fact that you injured your arm while lifting overweight boxes at work is relevant information; the fact that it was raining that day is not relevant unless it contributed to the accident.

Direct Evidence

Someone who witnessed an event that is important to your case will be able to give direct evidence about what happened. This evidence is much better than someone who was told of an event, but did not see it happen.

Witnesses Learn More

If you are calling a witness to testify at a hearing, you should prepare your questions for the witness ahead of time and review them with the witness.

While you cannot tell the witness how to answer the questions, you can prepare them for the kinds of questions you will be asking.  Witnesses

Evidence

What is Evidence?

Evidence deals with proof; it is the information used by the parties to prove or disprove their case. Evidence includes the testimony of the parties and their witnesses.  It can also include documents such as exam papers, emails, and letters, or other evidence such as photographs, videotapes, and audio recordings

For example: If you want to prove you worked 6 hours of overtime on a certain week you could present, as evidence, a copy of the work schedule for that week, as well as your and a co-worker’s testimony that you worked those hours.

 

What is NOT Evidence?

The following items are NOT evidence:

  • the arguments of the parties – arguments are an analysis of what happened
  • earlier decisions – if a decision has been appealed to the tribunal, the decision is not evidence; it is a part of the record. It is not something that the parties have to establish (prove to the tribunal)

What are Arguments?

Arguments

When preparing your arguments you will need to identify the issues, gather the relevant facts, and apply the relevant policies to those facts.  You should also consider what counterarguments the Respondent may have to defend their decision and be prepared to address those issues.

Your arguments should be backed up by the evidence presented during the hearing. For example:

  • “The evidence shows that I worked overtime hours and yet have not been paid for that overtime work. The law says employees must be paid overtime if they worked overtime. So, you should find I am owed overtime pay.” (You’d also want to go into specifics in your evidence and argument as to how much overtime pay you are owed.)

You can also use your argument to explain why the other party’s case or evidence is not strong. For example:

  • “It is clear from their testimony that the tenant’s witness is not a reliable witness. They were frequently vague when answering questions and contradicted themselves multiple times. I submit that you cannot rely on their testimony when making your decision.”

At the Hearing you will make an Opening Statement where you will present your arguments to the Tribunal.  You want the Tribunal to understand the reasons why you are appealing and what you want the outcome of the appeal to be.  Remember, you are trying to persuade the Tribunal to overturn the decision you are appealing.

Closing Arguments are your last opportunity to convince the Tribunal to decide in your favour, to remind them of the most important pieces of evidence that support your case, and restate what you want the outcome to be.

Witnesses should not make arguments

You and your witnesses, if any, submit evidence in the first part of the hearing. Remember that your witness is there for the purpose of giving evidence, not to make arguments to persuade the Tribunal to decide in your favour.

For example:  After telling the Tribunal that they saw you deliver the rent cheque, your witness should not go on to say that the landlord is acting unfairly in giving the eviction notice. Those kinds of statements are not evidence – they are the submissions that you (not your witness) should make when presenting your arguments.

**Some of the content above has been adapted from AdminLawBC.ca by the Justice Education Society