The hearing process:
To help everyone understand their roles in the hearing process the Chair will outline how the hearing will proceed and what the parties’ responsibilities are. If you plan to bring any written material to the hearing, you must provide one copy for each of the three Board Members and sufficient copies for the other party(ies).
Hearings generally follow the format laid out below:
- Introduction by the Board
At the beginning of the hearing the Board shall declare its right to ask questions at any point during the proceedings and the Chair will outline how the hearing will take place and what the parties’ responsibilities are.
- Applicant’s Presentation
The Applicant shall be the first to present his/her evidence and testimony. For example, in the case of a new taking under a right of entry order, the Operator is the Applicant. In the case of a party asking for a review of annual rental or for a determination of damages (usually the landowner) is the Applicant.
- Cross examination of the Applicant by the Respondent
- Questions from the Board
- Respondent’s presentation
This takes the same form as the Applicant’s presentation as shown above.
- Cross examination of the Respondent by the Applicant
- Questions from the Board
- Summation and final arguments by the Applicant
- Summation and final arguments by the Respondent
- Application for costs
The Board shall ask the parties if they wish to make any claim for costs related to preparing for and attending the hearing.
- Close of the meeting
If all issues have been thoroughly dealt with, the presiding chair will end the hearing.