Disputing the Complaint
Marginal note:Filing a defence
Marginal note:Documents to be filed
(2) The defence must be accompanied by copies of all relevant documents not already filed by the complainant and a statement as to whether or not the defendant requests that a hearing be held.
Marginal note:Contents of defence
25 The defence must contain
(a) a precise statement of the facts that constitute the grounds of the defence; and
(b) a statement indicating which facts in the complaint are admitted, denied, or of which the defendant has no knowledge.
Marginal note:Filing a counterclaim
26 (1) If the complainant is a dealer licensed under the Act, the defendant may also, within 30 days after the date on which the Secretary sends a copy of the complaint to the defendant, file a counterclaim against the complainant.
Marginal note:Documents to be filed
(2) The counterclaim must be accompanied by copies of all relevant documents not already filed by the complainant or filed by the defendant in support of the defence and a statement as to whether or not the defendant requests that a hearing be held.
Marginal note:Contents of counterclaim
27 A counterclaim must contain the same information that is required for a complaint.
Marginal note:Defence and counterclaim to be signed
28 The defence and any counterclaim must be signed by the defendant or the defendant’s counsel or agent. If an agent signs the defence or counterclaim, a copy of the defendant’s written authorization of the agent must be filed with it.
Marginal note:Notification of complainant
29 The Secretary must send to the complainant a copy of the defence and of the counterclaim, if any, and copies of all documents submitted with them.
Marginal note:Additional information
30 (1) The Secretary, after examining the defence, the counterclaim, if any, and any supporting documents, may require the defendant to file additional information within the period fixed by the Secretary.
Marginal note:Consequence of not providing information
(2) If the defendant does not provide the additional information requested by the Secretary within the period fixed by the Secretary and fails to provide a reasonable excuse for the non-compliance, the Board may proceed with the complaint based on the information already filed with it.
Marginal note:Request to intervene
31 At any time after the Secretary sends the complaint to the defendant, and before a hearing is scheduled for the complaint, any person, other than the complainant or the defendant, who has a direct financial interest in the proceedings may request to intervene by sending the Secretary a request in writing.
Marginal note:Content of request
32 (1) A request to intervene must describe the person’s financial interest in the proceedings, contain a precise statement of the facts and grounds that form the basis of the intervention and be accompanied by copies of any relevant documents.
Marginal note:Request to be signed
(2) The request must be signed by the person or the person’s counsel or agent. If an agent signs the request, a copy of the person’s written authorization of the agent must be filed with it.
Marginal note:Request accepted
33 If the Board is satisfied that the person has a direct financial interest in the proceedings and that the intervention would be useful to the proceedings, the Secretary must authorize the intervention and send to the other parties copies of the material submitted by the person.
Marginal note:Request denied
34 If the Board does not authorize the intervention of a person, the Secretary must return the material to that person.
Consideration of Complaint
Marginal note:Notice of hearing
35 If the complainant or defendant has requested a hearing, the Secretary must set a date, time and place for the hearing and must, in writing, notify the parties of that date, time and place.
Marginal note:Confirmation of presence
36 (1) Within 30 days after a party receives the notice of hearing, the party must notify the Board in writing as to whether they intend to attend the hearing or whether they intend to present evidence and make arguments in writing.
Marginal note:Statement of evidence
(2) A party that indicates that they will attend the hearing, must also, within 30 days after receiving the notice of hearing, provide the Board with a written statement of the names of the party’s witnesses and the general nature of their evidence.
Marginal note:Statements to be given to parties
(3) The Secretary must send a copy of the statement provided by a party under subsection (2) to the other parties.
Marginal note:Request for summons
37 (1) Within 30 days after a party receives the notice of hearing, the party may request that the Board issue a summons requiring any person to appear at the hearing to give evidence, or to produce any documents, relative to the subject-matter before the Board.
Marginal note:Content of the request
(2) The request must indicate why the evidence or documents would be relative to the subject-matter before the Board.
Marginal note:Refusal to issue summons
38 The Board may refuse to issue a summons at the request of the party if the Board considers that the evidence or documents would not be relative to the subject-matter before the Board.
Marginal note:Pre-hearing conference
39 (1) If a hearing is to be held and the Board is of the opinion that a pre-hearing conference might expedite the proceedings, the Board may request the Secretary to arrange a pre-hearing conference, to take place either by telephone or by the parties appearing before the Secretary, in order to
(a) simplify the issues;
(b) clarify the facts that are admitted and denied, or consider any amendment to the pleadings;
(c) determine the procedure to be followed at the hearing;
(d) exchange any further documents proposed to be given in evidence at the hearing; and
(e) attend to any other matters that may aid in the simplification of the evidence and the expeditious disposition of the hearing.
Marginal note:Summary to be prepared
(2) After any pre-hearing conference, the Secretary must summarize the matters that were agreed to by the parties and send a copy of the summary to them and to the Board.
Marginal note:Restriction on communication
(3) No communication may be made to the Board with respect to any statement made at the pre-hearing conference except as disclosed in the summary.
Marginal note:Failure to appear
40 If a party does not appear at a hearing and the Board is satisfied that notice of the hearing was sent to the party in accordance with section 35, the Board may proceed in the party’s absence.
Marginal note:Postponements and adjournments
41 A hearing may be postponed or adjourned by the Board from time to time on any terms that the Board considers appropriate.
Marginal note:Procedure if no agreement
42 Sections 43 to 46 apply to govern the procedure at the hearing to the extent that the procedure for the hearing has not been determined in a pre-hearing conference or by agreement of the parties at the beginning of the hearing.
Marginal note:Complainant’s presentation
43 At the beginning of the hearing, the complainant may present their case by first summarizing it and then presenting their evidence and making their arguments.
Marginal note:Defendant’s presentation
44 After the complainant presents their case, the defendant may present their case by first summarizing it and then presenting their evidence and making their arguments.
Marginal note:Intervenor’s presentation
45 After the complainant and the defendant have presented their cases, any intervenor is entitled to give evidence.
46 After all the evidence is presented, the parties may make summations.
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