Preparation

How to prepare

Because you are contesting the decision of a department, agency or municipality, it is up to you to prove to the Tribunal that this decision ought to be changed or set aside.

 

Note that in matters of expropriation, it is the expropriating department, agency or municipality which has to convince the Tribunal of the legitimacy of the value of the principal compensation that it is proposing. However, it is the party who is being expropriated who must defend the value of the incidental compensation.

 

It is important that you prepare for the hearing. The effort you devote to your preparation may have a direct impact on the decision of the Tribunal.

 

It is your responsibility to obtain the documents and information necessary for the hearing and to identify the people who should testify. The Tribunal may, however decide to intervene to ensure that everything will be ready for the hearing or conciliation. In order to do this, it organizes a case management conference when necessary, or pre-hearing conferences in which you are obliged to participate.

 

For more details on how to prepare yourself, read the following:

Know the administrative file which was sent to you by the department, agency or municipality whose decision you are contesting. This file contains the reasons for that decision and may indicate on which articles of law the department, organization or municipality based its decision.

 

Reading this file might help you to identify some of your arguments.

 

Note that in matters of expropriation, no such administrative file exists. Rather, in matters of municipal taxation, you will receive summary documents, sent by the municipal authority responsible for the evaluation.

If you are contesting a part of the decision of the department, organization or municipality, it is important to clearly identify what you are contesting and what you are admitting.

you must submit the evidence during the hearing to try to convince the Tribunal that the decision of the ministry, agency or the municipality must be changed or set aside.

 

For more information, read Preparation of evidence.

It is important to prepare the questions that you wish to ask your witnesses in advance.

If you want to obtain clarifications of testimony of the department, the organization or the municipality's witnesses, or if you have questions to ask them, write them down during the hearing. You must wait until the end of their testimony to ask your questions.

An argument is a kind of assertion which shows the Tribunal that your point of view is valid. Each argument must be supported by the evidence, that is to say on what has been said by the witnesses and on the documents submitted to the Court.



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