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Tribunal - General

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Disclosure, Witnesses and the Three-Week Rule

Purpose of Disclosure

The purpose of the Tribunal’s disclosure practices is to give the parties, the Tribunal and its adjudicators a chance to:

Authority for Tribunal Disclosure Rules

The Workplace Safety and Insurance Act, 1997 allows the Tribunal to:

The Tribunal has adopted a general practice about disclosure.

Disclosure of Documentary Evidence

Parties must disclose all other evidence to the Tribunal and to the other parties no later than three (3) weeks before the hearing date. Parties should take particular care to disclose additional evidence (e.g. medical reports) they intend to use at the hearing that become available after filing the Confirmation of Appeal (COA).

Disclosure of Related Issues

Parties have a continuing obligation to advise the Tribunal of any related issues or appeals that they are pursuing at the Workplace Safety and Insurance Board to avoid unnecessary adjournments or delays in the processing of appeals.

Parties must advise the Tribunal at least three weeks before the scheduled hearing date of a related issue that may prevent the appeal from proceeding as scheduled.

Disclosure of Witnesses

Parties must disclose witness information on the COA form. The following information must be provided to the Tribunal:

Where a party changes, removes, or adds a new witness to the party’s witness list after filing a COA, the party must disclose this by providing written notice to the Tribunal and all other participating parties. In addition, a "will say" statement must be disclosed for each new witness.

Parties must advise their witnesses that they will be called for a hearing.

Parties must provide written notice of any changes to their witness list no later than three weeks before the hearing date.

When required, a party must make a written request to the Tribunal for a summons to have a witness attend a hearing. A copy of the request must be sent to other participating parties. (See Practice Direction: Summonses and Production of Documents.)

Exceptions to the Three-Week Rule

The three-week rule for disclosure does not apply to:

Disclosure that does not comply with the Three-Week Rule

The Tribunal considers evidence provided less than three weeks before the hearing date to be disclosed late.

The Tribunal does not place late evidence before the hearing panel but may advise the hearing panel or Vice-Chair that a party has submitted late evidence.

The hearing panel or Vice-Chair considers the late evidence as a preliminary issue and has sole discretion to waive compliance with the three-week rule.

In considering if it will waive the three-week rule, the hearing panel or Vice-Chair may consider any relevant factor, including:

The hearing panel or Vice-Chair will decide:

A request for an adjournment to admit late disclosure is only granted in unusual circumstances. (See Practice Direction: Adjournments and Withdrawals.)

Disclosure for a Reconvened Hearing

Once a hearing has begun and evidence has been heard, parties may not provide new evidence between the first hearing date and the reconvened hearing date without leave of the Vice-Chair or Panel.

On rare occasions, a party may discover new evidence after the first hearing date. In such exceptional circumstances, the party must provide a letter explaining why the evidence was not previously available and why it should be accepted. The letter and the new evidence must be provided to the Tribunal and all other participating parties. The other parties can then provide submissions on whether the new evidence should be accepted. The Vice-Chair or Panel decides if the new evidence will be accepted.

Related Documents:

Practice Direction: Disclosure, Witnesses and Three-Week Rule
Related Practice Directions:
   Confirmation of Appeal and Hearing Ready Letter
   Summonses and Production of Documents
   Adjournments and Withdrawals
   Post-Hearing Procedure
   Surveillance Evidence
Form:
   Confirmation of Appeal for Workers
   Confirmation of Appeal for Employers
   Respondent's Confirmation of Appeal
Other:
   Workplace Safety and Insurance Act, sections 131 and 132

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