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Essential Principles and Facts Applicable to Hearings Before Assessment Review Board

Jack A. Walker, Q.C. Kenneth R. West IPTI October 31, 2011

Questions that should be asked by the Expert Witness: 1. When do I get to the court room? • Where is the courtroom – (Assessment Review Board Act s.12 (OAL p.191)) 2. Where do I sit? • Why?  Historical background  Practical aspects 3. Do I sit or stand when giving evidence?







4. Who do I look at when answering? 5. What about my report? • Do I take my report with me to the witness box? 6. What about my back up material?


How does the process proceed? a) What is meant by onus b) Civil vs. criminal c)

Who goes first •

Prior to 2009


S. 40 (8)


Post 2009  40 (17) Burden of Proof  40 (18) shift in burden of proof if fail to allow inspection or provide information  40 (15) closing statement

The Hearing Process – Explain the Computants 1.

Opening statement by Appellant


Evidence in chief by Appellant 

Factual evidence

Opinion evidence

Cross examination


Opening statement by respondents


Evidence in chief by Respondents


Factual evidence

Opinion evidence


Closing statements

Why do I require working knowledge of the relevant statutes? •

What are they?  Adjudicative Tribunals Accountability Governance and Appointments Act, 2009 (OAL 239)  Assessment Act (OAL 1)  Assessment Review Board Act and Rules (OAL 193)  Rules of Civil Procedure (OAL 733)  Statutory Powers Procedure Act (OAL 749)

• What supporting statutes are relevant?  Legislation Act, 2006 (OAL 447)  City of Toronto Act, 2006 (OAL 247)  Municipal Act, 2001 (OAL 475)  Municipal Freedom of Information and Protection of Privacy Act (OAL 627)

• What about the Rules of Practice of the Tribunal?  Assessment Review Board (OAL 193)

• What about case law?  Can only lawyers interpret cases?  Why is it necessary to interpret case law to write an expert’s opinion?

Essential Principles & Facts Applicable to Hearings at ARB.pptx