How to prepare your evidence

In order to try to convince the Tribunal that the decision of the department, agency or municipality should be changed or set aside, you must submit your evidence during the hearing.

Your proof can be composed of documents (invoices, contracts, photos, etc.), expert reports, testimony of certain persons or of the three at once.

You can also testify yourself to explain a fact.

You need to ensure that your witnesses will be present at the hearing. This is your responsibility.

If you think that a witness will not attend the hearing, you may ask the Court to order the witness to be present. To do this, you have to complete a document called "Subpoena" and have it signed by an administrative judge. To obtain this signature, contact the Secretariat of the Tribunal. Your lawyer, if you have one, may complete and sign this document. For more information, download the document "How to complete this form".

The subpoena indicates the date and time the witness must be present in the hearing room, by order of the Tribunal. It must be served on the witness by a bailiff 10 days before the hearing at the latest. The bailiff's services are at your own expense.

Tell your witnesses that they may be asked questions by one of the administrative judges or by the representative of the department, agency or municipality during the hearing.

Determine in advance which documents you wish to submit to the Tribunal on the day of the hearing. It may be a bill, a lease, a contract, a bank statement, a picture, etc.

Before the hearing you must send a copy of each of your documents to:

  • the Tribunal;
  • the representative of the department, agency or municipality; and
  • any other party at the hearing.

At least 30 day before the hearing, you must send the technology-based documents (for example: an e-mail, a recording, a video). You must send the other documents at least 15 day before the hearing. 

It is therefore recommended to begin your efforts to obtain these documents as soon as possible.

Your proceeding may require the opinion of an expert-- for example, the opinion of a doctor on the state of your health or the opinion of a land appraiser on the value of your land.

If this is the case, you must submit not later than 30 days before the date scheduled for the hearing or before any other date fixed by the Tribunal:

  • one copy of the expert 's report to the department, agency or municipality;
  • two copies (or three copies in the matters of municipal taxation and expropriation) of the expert's report to the Secretariat of the Tribunal.

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