E-6.1, r. 1 - Rules of procedure of the Financial Markets Administrative Tribunal

Section 73 Disposition versions

2012-09-01

73. Where the tribunal hears a matter in the first instance, the applicant’s advocate shall be given the first opportunity to present evidence and to examine witnesses.

In a review hearing, the tribunal shall determine the order of presentation of the evidence. In the exercise of that discretion, the tribunal shall consider, among other things,

(1)  the nature and conduct of the decision-making process of the body whose decision is contested;

(2)  the applicant’s opportunity to be heard and to contest the evidence;

(3)  the degree of adherence to the rules of natural justice and the equitable nature of the proceedings of the body whose decision is contested; and

(4)  the existence of a file allowing the tribunal to recreate the full conduct of the proceedings of the body whose decision is contested.

Decision 2004-11-10, s. 73.