The stages of a proceeding

Preparation for conciliation and the hearing

It is important that your file be ready for the hearing. The effort you devote to your preparation may have a direct impact on the outcome of the Tribunal's decision on your application.

 

It is your responsibility to take the necessary steps to obtain the documents and information necessary for the hearing and to identify the people who will have to testify.

 

The Tribunal may however, decide to intervene to ensure that everything will be ready for the hearing or the conciliation. To do this, it will generally organize "management conferences" or "pre-hearing conferences" in which you and the representative of the department, agency or municipality concerned will have to participate.

In certain circumstances, the Tribunal may require that you attend a management conference, for example, when there is a risk that your file will not be ready for the hearing.

 

At this conference, the Tribunal may set time limits for obtaining or the preparation of certain documents, such as a medical expert report. It is important that you follow these time limits.

 

The Tribunal may also invite you to agree with the representative of the department, agency, or municipality on the conduct of the hearing by specifying the items in dispute, the number of witnesses present and the probable duration of the hearing. The Tribunal may also propose that you participate in a conciliation meeting.


It is important that you are present at this management conference, otherwise the Tribunal may rended decisions in your absence.

 

This type of conference is very common for proceedings that require a medical expert report.

 

Note that these conferences may be held by telephone.

The administrative judge may decide to have you participate in a pre-hearing conference to "prepare" your hearing. The representative of the department, agency or municipality whose decision you are contesting will also participate in it.

 

This conference is used to define the questions to be discussed during the hearing and to assess the need to clarify what you and the representative are asking of the Tribunal. It also serves to:

  • ensure the exchange of the documents necessary for the hearing between you and the representative,;
  • consider the possibility that you or the representative admit certain facts before the hearing or that you accept to give evidence by a declaration under oath;
  • address any other issue may simplify or accelerate the conduct of the hearing.

 

This type of conference is particularly frequent for proceedings concerning the Immovable Property Division, the Territory and Environment division and the Division of Economic Affairs.

 

Note that these conferences may be held by telephone.



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