Faculty of LAW

Question 1

Which of the following isnota step in the process of advocacy before an administrative agency

Question 1 options:

	Determining the applicable laws and policies
	Determining who makes the decision at each stage
	Tailoring submissions
	Challenging the decision

Question 2

Where can one find information regarding the onus and burden of proof expected by a particular tribunal

Question 2 options:

	Past decisions of the tribunal or a court
	Book of authorities
	Access to Information Act
	Freedom of Information and Protection of Privacy Act

Question 3

Which of the following behaviours by legal representatives will be accepted before a tribunal

Question 3 options:

	Requesting last minute adjournments
	Relying on evidence that may be inflammatory, prejudicial, or unreliable
	Addressing arguments to the tribunal and not to the other parties
	Providing documents to the tribunal but not bringing copies for the other parties

Question 4

Which of the following isnota matter that can be addressed in a pre-hearing conference held pursuant to Ontario'sStatutory Powers Procedure Act?

Question 4 options:

	The settlement of issues
	Facts or evidence that can be agreed on
	Facts or evidence that can be agreed on
	The simplification of issues

Question 5

Which of the following isnota matter that can be addressed in a pre-hearing conference held pursuant to Ontario'sStatutory Powers Procedure Act

Question 5 options:

	The settlement of issues
	Facts or evidence that can be agreed on
	Facts or evidence that cannot be agreed on
	The simplification of issues

Question 6

In order to improve efficiency and fairness, many tribunals have built pre-hearing procedures into their decision-making processes. Which one of the following isnota goal of pre-hearing conferences

Question 6 options:

	To simplify issues
	To agree upon facts in dispute
	To settle between in he parties issues
	To obtain binding adjudication

Question 7

Which of the following isnota procedure in an oral or electronic hearing

Question 7 options:

	Re-examination
	Cross-examination of each party's witnesses
	Reply evidence
	Tribunal requests for written responses

Question 8

Which of the following isnota procedure in a written hearing?

Question 8 options:

	Parties cross-examine each other's witnesses
	Responding parties send their responses to the tribunal and other parties
	The tribunal arranges for public access to the documents
	Parties send documentation of the evidence to the other parties and the tribunal

Question 9

Which of the following isnota preliminary matter that will be brought in advance of a hearing?

Question 9 options:

	A jurisdictional question
	The absence of a party
	A request for a stay of proceedings
	Opening statements

Question 10

In the event of abuse of a tribunal's process, subsection 23(3) of the SPPA gives the tribunal authority to bar which of the following persons?

Question 10 options:

	Lawyer
	Paralegal licensed by the Law Society of Upper Canada
	Law clerk
	Agent

Question 11

What term describes opinions that are needed by an adjudicator because he or she lacks the specialized knowledge or experience to resolve an issue without assistance?

Question 11 options:

	direct evidence
	physical evidence
	hearsay evidence
	expert evidence

Question 12

What term describes evidence called to refute the evidence presented by an opposing party?

Question 12 options:

	opinion evidence
	rebuttal or reply evidence
	response evidence
	refutation

Question 13

During this type of hearing, the legal representative asks the expert witness the nature of his or her opinion and the issues to which they relate in order for the court to determine whether or not to permit his or her testimony.

Question 13 options:

	pre-hearing
	voir dire
	preliminary hearing
	qualification hearing

Question 14

How would your approach to preparing and presenting a case to an administrator differ from your approach to preparing and presenting a case before a tribunal? In what ways would it be similar?

Question 15

How do you ensure that your witnesses show up for a hearing before a tribunal?

Question 16

What is a"motion," and how do procedures for preliminary motions differ from those for motions at the main hearing?

Question 17

Who else may participate in a hearing, and what are their roles?

Question 18

What is an"expert witness," ?

Question 19

What is a"site visit"? What is the purpose of"taking a view," and what steps can a tribunal take to ensure that the information it receives during a site visit is reliable and is shared with all the parties

Part 3

LAW 111 - TRIBUNAL LAW

Provide a detailed explanations and examples in each questions.

1. Describe and compare the rules of practice for three tribunals dealing with the following subjects:

a. how to raise a constitutional question before the tribunal

Financial Services Commission of Ontario - Financial Services Tribunal

b. the conduct of a pre-hearing conference

Ontario Municipal Board

Ontario Landlord and Tenant Board

c. how to bring a motion in advance of a hearing

Ontario Municipal Board

Ontario Landlord and Tenant Board

Licence Appeal Tribunal

d. disclosure of evidence by parties to each other and/or to the tribunal before a hearing

Ontario Landlord and Tenant Board

Human Rights Tribunal of Ontario

Licence Appeal Tribunal

e. the use of mediation, conciliation, or other forms of alternative dispute resolution.

Licence Appeal Tribunal