Specific Claims Tribunal Rules of Practice and Procedure (SOR/2011-119)

Marginal note:Responding expert report

86 A party that intends to have an expert witness give evidence in response to an expert report served under Rule 85 must, at least 60 days before the day on which the hearing begins, serve every other party with a copy of their expert’s report.

Marginal note:Supplementary expert report

87 In reply to any report served on them under Rule 86, the party who filed the report under Rule 85 may, at least 30 days before the day on which the hearing begins, serve every other party with a copy of a supplementary expert report prepared by their expert.

Marginal note:Content of expert report

88 An expert report referred to in this Part must be signed and dated by the expert and include the following information and documents:

• (a) the name, business address and email address of the expert;

• (b) the expert’s curriculum vitae and a statement indicating how their training, education and experience qualify them to produce the report;

• (c) any matters addressed in the report that fall outside the expert’s area of expertise;

• (d) an account of the nature of the request to prepare the report and of any directions the expert has received for its preparation;

• (e) a summary of the opinions expressed in the report;

• (f) the facts and assumptions on which the expert’s opinions are based;

• (g) any caveats or qualifications that are necessary to render the report complete and accurate;

• (h) identification of any literature or other materials that the expert relied on in support of the opinions expressed in the report; and

• (i) if the report is prepared in response or in reply to another expert’s report, identification of the points of agreement and disagreement with that other report.

Tribunal-appointed Expert

Marginal note:Appointment

• 89 (1) The Tribunal may appoint an independent expert to inquire into and report on any question of fact or opinion that is relevant to an issue in relation to the specific claim.

• Marginal note:Appointment order

  (2) The order appointing the expert must contain the following information:

  • (a) the expert’s name and qualifications;

  • (b) the directions given to the expert regarding the preparation of the report;

  • (c) the questions posed to the expert;

  • (d) the date on which the expert’s report is to be provided to the Tribunal;

  • (e) the nature and extent of the expert’s participation in the proceedings; and

  • (f) the remuneration to be paid to the expert.

Marginal note:Service and filing

90 The expert’s report must be filed and the registrar must serve a copy of the report on each party.

Marginal note:Submissions

91 Within 14 days after the day on which they are served with the expert’s report, a party may make submissions to the Tribunal with respect to the admissibility of the report.

Marginal note:Responding expert report

92 Within 60 days after the day on which they are served with a report under Rule 90, a party that intends to have an expert give evidence in response to that report must file a responding expert report and serve a copy of it on every party.

Admission into Evidence

Marginal note:Expert’s testimony

• 93 (1) A party who wishes to enter an expert’s report into evidence at the hearing must call the expert as a witness unless the expert was examined before the hearing under Part 9.

• Marginal note:Limit

  (2) The expert’s testimony cannot consist of reading his or her report into evidence; however, the expert may provide a concise summary of the report’s key points.

Affidavits

Marginal note:Format

94 An affidavit must be drawn in the first person and be sworn to be true by the affiant.

Marginal note:Certification

95 The person before whom the affidavit is sworn must certify, on the affidavit, that the affidavit was read to, and apparently understood by, the affiant.

Marginal note:Translation

• 96 (1) If an affidavit is written in a language that is not understood by the affiant, the affidavit must be translated orally into the affiant’s language by an independent and competent person who will accurately translate the content of the affidavit.

• Marginal note:Translator’s oath

  (2) Before providing services, the translator must take an oath that they will accurately translate the content of the affidavit.

Marginal note:Evidence

97 Except for evidence relating to oral history, the evidence in an affidavit must be confined to facts that are within the affiant’s personal knowledge.

Marginal note:Exhibits

98 Each exhibit referred to in an affidavit must be identified by an endorsement on the exhibit, or on a certificate that is attached to the exhibit, that is signed by the person before whom the affidavit is sworn.

Marginal note:Cross-examination

99 A party who cross-examines an affiant concerning their affidavit must order and pay for a transcript of that cross-examination and must provide a copy of the transcript to every other party.

Witness Testimony

Marginal note:Under oath

100 Each witness called to testify at the hearing must give their testimony under oath.

Documentary Evidence

Marginal note:Transmission to registrar

101 If a party enters a document as evidence at the hearing and that document can be converted into PDF (Portable Document Format) or any other electronic format that allows the document to be converted for printing on letter size paper, the party must transmit the document to the registrar in that format.

PART 11Summoning of Witnesses

Marginal note:Issuance of subpoena

102 A party may make an ex parte application to the Tribunal for the issuance of a subpoena for the attendance of a witness or for the production of documents at the hearing.

Marginal note:Application to set aside

103 A person who is subject to a subpoena may, under Part 4, make an application to have it set aside.

PART 12Hearing Procedure

Marginal note:Order of presentation

104 The order of presentation at the hearing is the following:

• (a) the claimant must make an opening address and then enter evidence;

• (b) after the claimant’s evidence is concluded, the Crown must make an opening address and then enter its evidence; and

• (c) after the Crown’s evidence is concluded, the claimant may enter evidence in reply.

Marginal note:Exhibits

105 All exhibits entered in evidence must be numbered and marked.

Marginal note:Order of argument

• 106 (1) After the parties have been given an opportunity to put in their respective cases, they must be heard in argument in the same order as that in which they entered evidence.

• Marginal note:Reply

  (2) A party may reply to the arguments of an adverse party and, if the reply raises a new point of law, the adverse party may answer on that point.

PART 13Offers to Settle

Marginal note:Offer

107 A party may make an offer to settle to another party at any time.

Marginal note:Content

108 An offer to settle must be made in writing and set out

• (a) the amount of compensation offered, if any;

• (b) the period of time during which the offer will remain open for acceptance; and

• (c) any conditions that apply to acceptance of the offer.

Marginal note:Disclosure to Tribunal

109 The fact that an offer to settle has been made, and any details of the offer, can only be revealed to the Tribunal member presiding at the hearing

• (a) with the written consent of the parties to the offer; or

• (b) during an application for costs.

PART 14Costs

Marginal note:Costs — applications

• 110 (1) After the hearing of an application, the Tribunal may award costs in relation to that application.

• Marginal note:Costs — proceedings

  (2) After the hearing of the specific claim, the Tribunal may award costs in relation to the proceedings.

Marginal note:Factors to be considered — general

• 111 (1) When deciding whether award of costs under subrule 110(2), the Tribunal must consider the following factors:

  • (a) whether a party has acted in bad faith;

  • (b) whether a party has failed to comply with an order of the Tribunal; or

  • (c) whether a party has refused a reasonable offer to settle.

• Marginal note:Factors to be considered — claimant

  (2) When deciding whether to award costs to the claimant under subrule 110(2), the Tribunal must also consider the following factors:

  • (a) whether the claimant’s costs are reasonably incurred but are disproportionate to the amount of compensation awarded; and

  • (b) whether the issues in relation to the specific claim are complex or contain elements that are of general public importance.

Coming into Force

Marginal note:Registration

112 These Rules come into force on the day on which they are registered.