Proof of Service (continued)
17 Where a person who has an interest in a hearing and who has not been served notice of arbitration under section 75.12 of the Act requests the Committee to add him as a party to the hearing, the Committee may designate that person as a party to the hearing on such terms and conditions as the Committee may determine.
18 The Committee shall, during regular business hours, make any notice or document filed with the Committee in relation to a hearing available for inspection by a party to the hearing and shall allow the party to make copies of the notice or document at his own expense.
19 (1) Where a document is referred to in a notice of arbitration or a reply, any party to a hearing may, in writing, request the party who has the document or any other relevant document in his possession or control to produce the document for inspection by him or his counsel and to allow him or his counsel to make copies of the document at his own expense.
(2) Where, pursuant to subsection (1), a party to a hearing is requested to produce a document and fails to do so the Committee shall refuse to allow the party to put the document in evidence at the hearing to his own advantage unless the Committee is satisfied that the party had sufficient reason for failing to comply with the request.
(3) Where a party fails to produce a document requested pursuant to subsection (1), the party making the request may introduce secondary evidence of the document.
20 (1) Where a notice of arbitration has been served on a Committee, the Committee may, before making a determination on the matter referred to in the notice, request any party to the hearing to furnish the Committee with such information or documents as the Committee requires to make a determination.
(2) Where, pursuant to subsection (1), a Committee requests a party to furnish it with information or documents, the party shall do so.
Formulation and Settlement of Issues
21 (1) Where it appears to the Committee that the statements contained in a notice of arbitration or a reply referred to in section 7 do not sufficiently raise or disclose the issues in dispute between the parties to a hearing, the Committee may order the parties to formulate the issues in dispute.
(2) Where, pursuant to subsection (1), a Committee directs the parties to a hearing to formulate the issues in dispute and the parties fail to do so, the Committee may formulate the issues in dispute.
22 A Committee may direct the parties to a hearing or their counsel to appear before three members of the Committee at a specified time and place for a conference before or during the hearing or to make submissions in writing, for the purpose of formulating issues and considering
(a) the simplification of issues;
(b) the necessity or desirability of amending the notice of arbitration or the reply to clarify, amplify or limit the issues;
(c) the making of admissions of certain facts, the proving of certain facts by affidavit or the use by any party of documents of a public nature;
(d) the procedure to be followed at the hearing;
(e) the mutual exchange between the parties of supporting documents and exhibits proposed to be submitted at the hearing; and
(f) such matters as may aid in the simplification of the evidence and the disposition of the proceedings.
Stay of Proceedings
23 Where, in any proceeding, the Committee requests a party to furnish further information, documents or submissions in writing, the Committee may order a stay of proceedings for such time as the Committee considers reasonable in the circumstances.
24 (1) Where a party to a hearing dies or becomes incapacitated after service of a notice of arbitration and prior to a final decision on or discontinuance of the hearing and the Committee is satisfied with the proof of the death or incapacity filed with the Committee, the Committee may postpone the hearing until the heirs, executors, administrators, guardians, trustees or other duly appointed representatives of the party are able to resume the proceedings.
(2) Where within 60 days after the date on which a party to a hearing died or became incapacitated the proceedings have not resumed, the other parties to the hearing may invoke section 28.
25 (1) A Committee shall serve a notice of hearing setting out the time, date and place of the hearing on the parties to the hearing at lease 30 days prior to the date fixed for the hearing.
(2) Where a company receives a notice of hearing referred to in subsection (1), it shall, at least 20 days prior to the date of the hearing, serve a copy of the notice on any person known by the company to have an interest in the lands in question or an interest in all or any part of any compensation that may be awarded.
26 (1) Any person who proposes to appear at a hearing shall file a notice of appearance with the Committee at least 15 days prior to the date fixed for the hearing.
(2) A Committee may admit any person who has not been served, in respect of a hearing, a notice of arbitration or a notice of hearing to the hearing if it is satisfied that the person has an interest in the lands in question.
27 A Committee may exclude witnesses from a hearing where a party to the hearing requests the exclusion.
28 Where, pursuant to subsection 25(1), a party to a hearing is served with a notice of hearing and fails to attend the hearing, the Committee may, if any party other than the company will be prejudiced by an unreasonable delay, proceed with the hearing and render its decision in the absence of that party.
29 Where a respondent fails to file a reply to a notice of arbitration within the time set out in section 9, the Committee may proceed with the hearing and dispose of the arbitration in the absence of that party.
30 A Committee may, whenever it considers it reasonable to do so, order that written briefs be filed by the parties to a hearing in addition to or, if the parties agree thereto, in lieu of oral argument.
31 Where a Committee commences a hearing, it shall proceed with the hearing from day to day as far as may be practicable in the opinion of the Committee.
32 (1) Subject to sections 28 and 29, the Committee may adjourn a hearing for such time, to such place and on such terms as it considers necessary.
(2) A Committee may continue a hearing after an adjournment without serving a notice of hearing on the parties to the hearing where the parties attended the adjourned hearing.
(3) Where a hearing is adjourned sine die, the Committee shall serve a notice of hearing on the parties to the hearing at least 10 days prior to the day on which the hearing is to resume.
33 (1) Where a party to a hearing wishes an adjournment and the other parties to the hearing agree to the adjournment, the party wishing the adjournment shall forthwith inform the Committee conducting the hearing.
(2) Where a party to a hearing wishes an adjournment but not all the parties to the hearing agree to the adjournment, the party wishing the adjournment may, on written notice served on the other parties, appear before the Committee prior to the date fixed for the hearing and request an order for the adjournment of the hearing.
34 (1) A Committee may issue a subpoena ordering a person to testify under oath or to produce at a hearing any document relevant to the hearing.
(2) A subpoena shall be in the form set out in the schedule and shall be signed by the Chairman of the Committee that issued it.
35 (1) No subpoena shall, without the leave of a Committee, be issued to compel the appearance of a witness who is, when served, more than 500 miles from the place where he is, by the terms of the subpoena, required to attend.
(2) Leave may be granted under subsection (1) on an ex parte application.
(3) No witness is bound to appear pursuant to a subpoena unless there has been paid or tendered to him conduct money in an amount sufficient for his fees and travelling expenses.
(4) Where any other rule provides for a witness being required to attend for any purpose other than a hearing pursuant to a subpoena, subsection (3) applies and the witness is entitled to witness fees as though he were required to attend for a hearing.
36 A Committee may, where requested by a party to a hearing prior to the hearing, order any other party to the hearing to file with the Committee copies of all appraisal reports and other documentary evidence that that other party intends to introduce at the hearing, and the name, address and qualifications, in the case of an expert, of any witness that other party intends to call at the hearing.
37 Witnesses at a hearing shall be examined orally on oath, unless otherwise provided by these Rules.
38 (1) A Committee may, at any time prior to the commencement of a hearing and for sufficient reason, direct that a fact be proved by affidavit, that the affidavit of any witness be read at a hearing on such conditions as the Committee considers reasonable or that any witness be examined before three members of the Committee or any person who is appointed by it for that purpose and is authorized to administer oaths in the presence of the parties to the hearing or their counsel.
(2) The Committee shall notify any witness referred to in subsection (1) of the time and place of examination.
39 (1) Where, pursuant to subsection 38(1), a witness is examined before three members of a Committee or a person appointed by it, the three members or the person shall take a deposition of the evidence of the witness and shall give the deposition to the Committee within 10 days after the examination, certified under the hand of the three members or person.
(2) A deposition referred to in subsection (1) and certified as set out in that subsection is admissible in evidence at a hearing.
40 A Committee may order further evidence to be given orally or by deposition before the Committee, a member of the Committee or any other person who is appointed by the Committee for that purpose and is authorized to administer oaths.
41 A Committee may, on such terms as it considers advisable, order an amendment to any pleading that, in the opinion of the Committee, may tend to prejudice or delay a fair hearing of the case if, in the opinion of the Committee, the amendment is necessary for the purposes of the hearing and for determining the real question in issue between the parties to the hearing.
42 A Committee may, on such terms as it considers necessary, order that a matter or a proceeding in respect of a hearing be consolidated with a matter or proceeding in respect of any other hearing after it has considered representations from the parties to the hearings.
Defect in Form or Irregularity
43 No proceeding during a hearing shall be defeated by any objections based solely on defect in form or on any technical irregularity.
44 Where a Committee extends or shortens the time set out in these Rules for the filing of a reply, the time so extended or shortened shall be noted on the notice of arbitration or the reply, as the case may be, or in such manner as the Committee may prescribe.
45 (1) Where a Committee awards compensation to an owner who has become incapacitated and is not represented, or to an owner who is absent or unknown, or whose whereabouts are unknown, the Committee may order the company to pay into the superior court of the province nearest to the lands affected the amount together with interest awarded as compensation to that owner and to deliver to the clerk of the court a certification of the decision of the Committee.
(2) Where, pursuant to subsection (1), a Committee orders a company to pay an amount into a court, the company shall insert a notice of payment in a newspaper of general circulation within the county where the lands are situated or, if no newspaper is published in that county, in the official gazette of the province, and also in a newspaper of general circulation in the nearest county in which such a newspaper is published.
(3) Where, pursuant to subsection (2), a company inserts a notice of payment in a newspaper or gazette, the notice shall be in such form and be inserted for such period as the Committee orders.
Application for Review
46 (1) Where a party to a hearing applies to a Committee to review, rescind or amend a Committee’s decision pursuant to section 75.22 of the Act, that party shall serve an application on the Committee and on all other parties who attended the hearing.
(2) The application referred to in subsection (1) shall
(a) be dated and signed by the party making it;
(b) set out the full name and address of the party making it;
(c) set out the full names and addresses of the other parties who attended the hearing;
(d) set out the date and nature of the decision of the Committee that is the subject of the application;
(e) set out the type of decision sought;
(f) set out, where applicable, the reasons that the party making the application considers sufficient to cast doubt on the accuracy of the decision;
(g) set out, where applicable, any new circumstances that have arisen since the decision was made or the hearing was held;
(h) set out, where applicable, any new facts that have emerged since the decision was made or since the hearing was held;
(i) set out, where applicable, the facts that were not taken into consideration by the Committee when making the decision or during the hearing and that could not be discovered prior to the hearing notwithstanding that reasonable care was taken.
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