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So You Have a WSIAT Hearing Now What How to Prepare Your Case and Use Legal Research

Tribunal Counsel Office. 5 lawyers and team of post-hearing legal workersRole of Tribunal Counselmost complex caseshelp prepare cases for hearingmay make written or oral submissions on law and policy (but take no position on the merits)judicial reviews. Preparing your Case for a WSIAT Hearing. Before the HearingWhat to Expect at a Tribunal HearingOpening StatementEvidenceClosing Submissions.

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So You Have a WSIAT Hearing Now What How to Prepare Your Case and Use Legal Research

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    1. So You Have a WSIAT Hearing… Now What? How to Prepare Your Case and Use Legal Research Heidi Evelyn, WSIAT Tribunal Counsel Wendy Reynolds, Former Head Librarian for Ontario Workplace Tribunals Library

    3. Preparing your Case for a WSIAT Hearing Before the Hearing What to Expect at a Tribunal Hearing Opening Statement Evidence Closing Submissions

    4. Before the Hearing Confirm Issue Agenda (and consider down-side risk) 3 Week Deadline (for witnesses and documents) Case Materials (Case Record and Addenda; Document List) Adjournment Requests (ASAP, in writing & with reasons)

    5. What to Expect at a Tribunal Hearing Vice Chair sitting alone or a Panel Parties participating (Appellant, Respondent, Tribunal Counsel, Observers) Informal General Structure: Opening Statement Evidence Closing Submissions

    6. Opening Statement Consider your strategy Your theory of the case Confirm issues and remedy requested Be brief

    7. Evidence Documents (consider source, late material) Other media (video, colour photos, large maps or diagrams – still subject to 3 week deadline) Witnesses (first hand knowledge, let witness tell story & explain discrepancies in record) Questioning (try not to lead) and Cross-questioning (less aggressive than TV cross-examination; can lead) Expert Witnesses (C.V. & report must be on record; stress qualifications as Vice Chair or Panel must accept as expert)

    8. Closing Submissions Be persuasive Cite Legislation (which Act, check amendments) Point out Policy (which version) Case Law (generally WSIAT decisions) have copies for all parties quote decisions, not summaries note differences between cases and your facts Apply to and review facts of case (evidence) If case turns on law, present a detailed analysis Refer to important documents by page number

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