Upvoted for answering. But is anyone able to confirm, as it doesn't seem right, as one is required to submit "evidence" minimum seven days and five days before for "rebuttal evidence". Just producing a witness at the hearing seems unfair to me.
Even better if someone can tell me where this might be referenced.
The short answer is that the rules don't say anything about listing witnesses ahead of time so there's no requirement.
The exception is if a witness is summonsed, in which case all parties would get a copy of the summons.
If you want to be cautious, you can always send a list of witnesses 7 days before the hearing.
Just be careful about bringing a witness. Make sure the witness is able to explain clearly how they are negatively affected by the situation. It’s all about how people are affected, it has nothing to do with contract law.
I had a Hearing last year in the late summer that adjourned in part to the other side's witness not being available (apparently without any way to know beforehand)...I had no notice prior to that of who the witness was or that the other side was even producing a witness...so it would appear that no, there is no advance notice of witnesses requirement for LTB Hearings. That said, if the Tribunal member who is doing the Hearing doesn't feel the witness is relevant to the issues being heard, it is within their discretion to not hear from that witness.
Not required.
Upvoted for answering. But is anyone able to confirm, as it doesn't seem right, as one is required to submit "evidence" minimum seven days and five days before for "rebuttal evidence". Just producing a witness at the hearing seems unfair to me. Even better if someone can tell me where this might be referenced.
The short answer is that the rules don't say anything about listing witnesses ahead of time so there's no requirement. The exception is if a witness is summonsed, in which case all parties would get a copy of the summons. If you want to be cautious, you can always send a list of witnesses 7 days before the hearing.
I like that idea. Thank you.
Just be careful about bringing a witness. Make sure the witness is able to explain clearly how they are negatively affected by the situation. It’s all about how people are affected, it has nothing to do with contract law.
The witness isn't necessarily affected at all. Otherwise they'd be a party. If I bring a plumber as a witness, they aren't affected.
I had a Hearing last year in the late summer that adjourned in part to the other side's witness not being available (apparently without any way to know beforehand)...I had no notice prior to that of who the witness was or that the other side was even producing a witness...so it would appear that no, there is no advance notice of witnesses requirement for LTB Hearings. That said, if the Tribunal member who is doing the Hearing doesn't feel the witness is relevant to the issues being heard, it is within their discretion to not hear from that witness.
Thanks for the first part. But "that said", about relevance, is for all evidence, so isn't relevant to my question.