E-6.1, r. 0.3 - Rules of evidence and procedure of the Financial Markets Administrative Tribunal

Section 63 Disposition versions

2023-03-31

63. The applicant must be given the first opportunity to present evidence and examine witnesses.

In the case of an application for the review of a decision rendered by a body, the Tribunal must determine the order of presentation of the evidence, taking into account the following factors in particular:

(1)  the nature and conduct of the decision-making process of the body whose decision is contested;

(2)  the applicant’s opportunity to be heard and to contest the evidence;

(3)  the degree of adherence to the rules of natural justice and the equitable nature of the proceedings of the body whose decision is contested;

(4)  the existence of a record allowing the Tribunal to recreate the full conduct of the proceedings of the body whose decision is contested.

Decision 2023-02-15, s. 63.

Not in force

In force: 2023-03-31

63. The applicant must be given the first opportunity to present evidence and examine witnesses.

In the case of an application for the review of a decision rendered by a body, the Tribunal must determine the order of presentation of the evidence, taking into account the following factors in particular:

(1)  the nature and conduct of the decision-making process of the body whose decision is contested;

(2)  the applicant’s opportunity to be heard and to contest the evidence;

(3)  the degree of adherence to the rules of natural justice and the equitable nature of the proceedings of the body whose decision is contested;

(4)  the existence of a record allowing the Tribunal to recreate the full conduct of the proceedings of the body whose decision is contested.

Decision 2023-02-15, s. 63.