Expedited Hearing Terms
As the following conditions are present, an expedited hearing will take place.
- The complainant’s allegations and the replies of the respondent and the Public Service Commission (PSC) have been provided.
- The person(s) appointed has/have not provided their reply to the allegations and will, therefore, not be participating in the hearing.
- No human rights issues have been raised in the complaint.
- A prehearing conference has been held to discuss whether the complaint(s) should be heard through an expedited hearing and to answer questions of the parties.
- The FPSLREB has determined that it can consider and dispose of the complaint(s) more informally and expeditiously by means of an expedited hearing and that the parties will present their evidence and arguments in accordance with the terms set out below.
Terms of the Expedited Hearing
- The hearing will be scheduled for [one day / ½ day].
- The complainant and the respondent will discuss and exchange their Statement of Facts by no later than [insert date] (three weeks prior to the hearing). If they have an Agreed Statement of Facts, it is to be provided to the FPSLREB by no later than [insert date] (two weeks prior to the hearing) with a copy to the PSC. If they cannot come to an Agreed Statement of Facts, they shall each provide the FPSLREB and the PSC a copy of their Statement of Facts by [insert date] (two weeks prior to the hearing).
- All documents that the parties intend to present at the hearing will be exchanged by [insert date] (three weeks prior the hearing) and entered on consent of the parties by [insert date] (two weeks prior to the hearing) with a copy to the PSC. If there are documents where consent is not achieved, they shall be entered for consideration by [insert date] (two weeks prior to the hearing) with a copy to the PSC. The FPSLREB will determine their admissibility at the hearing.
- The PSC’s participation in the hearing has been discussed at the prehearing conference. The PSC has indicated that it will not present any witness. Once the PSC has reviewed the Statement(s) of Facts and the documents exchanged by the complainant and the respondent, it will confirm whether it will participate in person in the expedited hearing. The PSC may choose to provide written submissions, which the FPSLREB will consider prior to issuing its decision on the complaint.
- [Insert number] witness(es) will testify for the complainant and [insert number] witness(es) for the respondent. If witnesses are testifying, the complainant and the respondent will each have (insert amount of time) in total for examination-in-chief. Each party will have (insert amount of time) in total for cross-examination of witnesses.
- Oral arguments will be no more than 30 minutes for each party with a right of reply of 15 minutes, unless the Member conducting the hearing decides otherwise.
- There will be no written arguments by the complainant or the respondent.
- The Member conducting the expedited hearing has the discretion to modify these procedures as needed and to direct that the complaint be considered by way of a standard hearing of two days if the Member deems it appropriate.
- At the conclusion of the expedited hearing, the Member may make an oral determination that will be recorded and initialed by the parties. A letter decision with reasons will be issued within 10 days where no witnesses have testified and within 30 days of the hearing if there have been witnesses.
- The FPSLREB's decision is final and binding on the parties and will not constitute a precedent.