FAQ – Evidence at an Oral Hearing

Yes.  The Tribunal usually asks each party to provide, prior to the hearing, an outline of their case (called a Statement of Points) and any relevant documents they will be referring to at the hearing.  More information about the Statement of Points and disclosure of documents will be sent to the parties by the Tribunal early in the appeal process.

Yes. It is up to each party to decide whether or not to ask other people to come to the hearing to testify as a witness.  If you intend the call someone as a witness, you should approach the person(s) that you want to call as a witness for your case as early as possible to ensure the person is able to attend the hearing on the scheduled date.

Yes.  There is no “ownership” in a witness.  However, the Appellant should first ask the Respondent (Oil and Gas Commission) whether that employee will be called as a witness for the Respondent at the hearing.  If the person is going to be a witness for the Respondent, the other parties will have an opportunity to ask the employee questions at the hearing as well.

You may write to the Tribunal and ask for an order requiring the person (witness) to attend the hearing and give evidence, or for an order requiring the production of documents.  The written request should be provided to the Tribunal well in advance of the hearing.  If the Tribunal decides to grant to order, you will be responsible for serving it on the intended witness, or on the person with the documents.

If the person believes that they have no evidence to offer that is relevant to the appeal, or there is some reason not to produce some or all of the documents, the person that is named on the order may ask the Tribunal to cancel or vary the Tribunal’s order.

Experts are the only witnesses who are allowed to testify about their opinions.  This can include professionals or specialists who have knowledge and experience in fields that are outside the knowledge and comprehension of ordinary people.  There are special rules and deadlines relating to expert witnesses and expert reports.  In general, however, an expert report, or notice of an expert witness, is to be provided to the Tribunal and the other parties 60 days prior to the hearing.