A hearing is an opportunity for the Tribunal to hear evidence from the parties and any witnesses. The information below explains what to expect if you or one of your witnesses will be giving evidence at a hearing.
Parties may call witnesses to provide evidence that supports their case. Witnesses should have first-hand knowledge of the events or facts at issue, as the Tribunal prefers to hear evidence directly from the individual who observed or experienced the events.
Parties are responsible for contacting their own witnesses and making arrangements for their attendance at the hearing.
While testifying, a witness may only refer to documents that are in the hearing record.
Witnesses may not use personal notes or make notes during their testimony. They must demonstrate an independent recollection of the facts and should not simply read or recite information from notes.
These same rules apply when a party testifies. In that capacity, the party is acting as a witness and will be required to make the affirmation. While giving evidence, they may refer only to documents in the hearing record and may not use or create personal notes.
Once a party has completed their testimony, they may again refer to their own notes and make notes during the remainder of the hearing.
All individuals who provide evidence before the Tribunal, including the Appellant and the Respondent when testifying, must give their evidence under affirmation.
Witnesses will be asked to state their name for the record and affirm the following:
Questioning witnesses is an important part of the hearing process. It allows the Tribunal to hear relevant evidence and helps each party present their case.
There are two main types of questioning:
Direct examination is when you question a witness that you have called to give evidence. The purpose of direct examination is to allow the witness to explain what they know about the events or issues being considered by the Tribunal.
When questioning your own witness, you should generally ask open-ended questions that encourage the witness to provide information in their own words. Examples of open-ended questions include:
Generally, you should avoid leading questions when questioning your own witness. A leading question suggests the answer or can often be answered with a simple “yes” or “no.”
For example:
Leading questions may be appropriate for basic background information that is not in dispute, such as confirming a person’s role or relationship to the parties.
Cross-examination is when you question a witness called by the other party. The purpose of cross-examination is to:
During cross-examination, leading questions are generally permitted. For example:
After a witness has been cross-examined, the party who called the witness may ask additional questions. This is called re-examination.
Re-examination is limited to issues that arose during cross-examination. It is not an opportunity to repeat evidence that has already been given or to introduce entirely new topics.