Message from the Tribunal Chair
As we step into 2025, I am honoured to continue serving as Chair of the Tribunal and working alongside you to achieve our core mission: ensuring fair, impartial, and timely resolution of the matters brought before us.
We understand that delays in the process can be frustrating—they can erode trust in the process and create unnecessary stress for everyone involved. That is why reducing the time between issuing a citation and delivering a final decision will remain a key focus for us in 2025.
We have also heard from both parties and adjudicators about their preference for in-person hearings, especially when dealing with complex evidentiary matters. To accommodate these preferences, the Tribunal has updated the technology in both hearing rooms and can now offer flexible options, including hybrid hearings. While there are presumptive modes of hearing, parties can agree or apply under Practice Direction 8.3 to change the mode of hearing. This means that all or any part of a hearing can be held in person or via video-conference, depending on what works best for everyone. We encourage parties to consider their preferred mode early in the process so we can plan accordingly.
As the use of expert evidence becomes more common in our proceedings, we have updated Practice Direction 9.6 to align more closely with Rule 13 of the Supreme Court Civil Rules. Key requirements include:
- Expert evidence must be presented in the form of a written report served well in advance of the hearing.
- Additional oral evidence from the expert will not be permitted without leave.
- Notice to cross-examine the expert must be provided.
- Notice of objection to the admissibility of the expert evidence must be provided.
While some preliminary issues related to expert reports can be addressed through an application under Rule 5-5.1 and Practice Direction 6.6, most will be determined at the hearing. The updates to Practice Direction 9.6 aim to bring greater clarity and consistency to the use of expert evidence, and we encourage parties to address the retention of experts early in the prehearing process to keep things running smoothly.
Thank you for your ongoing engagement with the Tribunal. I look forward to continuing to work with you in 2025 to uphold the highest standards of fairness and justice.
