Useful documents

Participate to a hearing online

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Preparation

To make the process easier for you

 

Because you are contesting the decision of a department, agency or municipality, it is up to you to prove to the Tribunal that this decision ought to be changed or set aside.

Expropriation

Note that in matters of expropriation, it is the expropriating department, agency or municipality which has to convince the Tribunal of the legitimacy of the value of the principal compensation that it is proposing. However, it is the party who is being expropriated who must defend the value of the incidental compensation.

It is important that you prepare for the hearing. The effort you devote to your preparation may have a direct impact on the decision of the Tribunal.

It is your responsibility to obtain the documents and information necessary for the hearing and to identify the people who should testify. The Tribunal may, however decide to intervene to ensure that everything will be ready for the hearing or conciliation. In order to do this, it organizes a case management conference when necessary, or pre-hearing conferences in which you are obliged to participate.

How to prepare

Know your administrative file

Know the administrative file which was sent to you by the department, agency or municipality whose decision you are contesting. This file contains the reasons for that decision and may indicate on which articles of law the department, organization or municipality based its decision.

Reading this file might help you to identify some of your arguments.

Note that in matters of expropriation, no such administrative file exists. Rather, in matters of municipal taxation, you will receive summary documents, sent by the municipal authority responsible for the evaluation.

Identify your administrative file

If you are contesting a part of the decision of the department, organization or municipality, it is important to clearly identify what you are contesting and what you are admitting.

Prepare your evidence

You must submit the evidence during the hearing to try to convince the Tribunal that the decision of the ministry, agency or the municipality must be changed or set aside.

For more information, read Preparation of evidence.

Prepare a list of questions to ask the witnesses

It is important to prepare the questions that you wish to ask your witnesses in advance.

If you want to obtain clarifications of testimony of the department, the organization or the municipality's witnesses, or if you have questions to ask them, write them down during the hearing. You must wait until the end of their testimony to ask your questions.

Prepare your arguments

An argument is a kind of assertion which shows the Tribunal that your point of view is valid. Each argument must be supported by the evidence, that is to say on what has been said by the witnesses and on the documents submitted to the Court.

How to prepare your evidence

In order to try to convince the Tribunal that the decision of the department, agency or municipality should be changed or set aside, you must submit your evidence during the hearing.

Your proof can be composed of documents (invoices, contracts, photos, etc.), expert reports, testimony of certain persons or of the three at once.

You can also testify yourself to explain a fact.

You need to ensure that your witnesses will be present at the hearing. This is your responsibility.

If you think that a witness will not attend the hearing, you may ask the Court to order the witness to be present. To do this, you have to complete a document called "Subpoena" and have it signed by an administrative judge. To obtain this signature, contact the Secretariat of the Tribunal. Your lawyer, if you have one, may complete and sign this document. For more information, download the document "How to complete this form".

The subpoena indicates the date and time the witness must be present in the hearing room, by order of the Tribunal. It must be served on the witness by a bailiff 10 days before the hearing at the latest. The bailiff's services are at your own expense.

Tell your witnesses that they may be asked questions by one of the administrative judges or by the representative of the department, agency or municipality during the hearing.

Determine in advance which documents you wish to submit to the Tribunal on the day of the hearing. It may be a bill, a lease, a contract, a bank statement, a picture, etc.

Before the hearing you must send a copy of each of your documents to:

  • the Tribunal;

  • the representative of the department, agency or municipality; and

  • any other party at the hearing.

At least 30 day before the hearing, you must send the technology-based documents (for example: an e-mail, a recording, a video). You must send the other documents at least 15 day before the hearing. 

It is therefore recommended to begin your efforts to obtain these documents as soon as possible.

Your proceeding may require the opinion of an expert-- for example, the opinion of a doctor on the state of your health or the opinion of a land appraiser on the value of your land.

If this is the case, you must submit not later than 30 days before the date scheduled for the hearing or before any other date fixed by the Tribunal:

 one copy of the expert 's report to the department, agency or municipality;

 two copies (or three copies in the matters of municipal taxation and expropriation) of the expert's report to the Secretariat of the Tribunal.

Prepare to a hearing online

Prepare to a hearing

Change of address, etc.

You should always inform the Tribunal of changes in your coordinates (telephone numbers, address, etc.) and those of your lawyer or, if the law allows you to have one, of any other representative.

Recording of hearings

All the Tribunal hearings are recorded. You can obtain a copy of the recording at your own expense by request to the Tribunal.

For a written transcript of the recording, you need to call upon the services of a stenographer.