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Common Law Rules of Procedure for Tribunals in Canada: Rules, Commentary, and Practice Tips + E-Book
The first of its kind in Canada, this practical guide makes common law rules of procedure for tribunal hearings easily accessible and understandable. Relevant to federal, provincial and territorial tribunals, it explains when to rely on the common law and how to determine the correct procedural rule.
Langue de publication: English
Publié: 26 janvier 2026
Éditeur: LexisNexis Canada
“...Diana Ginn and Lisa Teryl have done an excellent job in preparing this resource to assist adjudicative decision-makers to do their jobs well.” – David Phillip Jones, K.C., Co-Author of Jones & de Villars, Principles of Administrative Law
The first of its kind in Canada, Common Law Rules of Procedure for Tribunals in Canada: Rules, Commentary, and Practice Tips by Diana Ginn and Lisa Teryl is a practical guide that makes common law rules of procedure for tribunal hearings easily accessible and understandable. The rules are directed toward all participants – whether tribunal members, lawyers, or parties, including self-representing individuals.
Relevant to federal, provincial and territorial tribunals, this handbook explains when to rely on the common law and how to determine the correct procedural rule. Stand-alone rules, clear annotated commentary and practice tips will help tribunals run hearings fairly and confidently and will guide parties through the process. The book also features a special Foreword by former Chief Justice Beverley McLachlin.
Topics Covered
- Notice of hearings
- Oral hearings, including adversarial, inquiry-based and binding mediation
- Expedited hearings
- Postponements
- Settlements
- Waiver of procedural rights
- Hearings open to the public and media
- Publication ban or closing hearing to the public
- Authentication of electronic documents
- Providing documentary evidence
- Allowing a witness to give an expert opinion
- Written reasons
- Enforcement of decisions
- Tribunal participation in appeal or judicial review
- Plus much more
Who Should Read This Book
- Tribunal adjudicators – this book will help contribute to consistency and transparency in the decision-making procedures of the tribunal, and help avoid the procedural obstacles that may occur when particular questions arise repeatedly in hearings
- Lawyers appearing before tribunals, including legal aid lawyers – this book will help create efficiencies for their clients, often eliminating the burden of extensive legal briefs
- Parties and self-representing individuals before tribunals – this book will help parties to engage in the hearing process on a more equal playing field and will facilitate better quality outcomes
- Provincial and federal justice departments and law reform initiatives – this book will help with developing new general procedural legislation for tribunals in their jurisdiction, and amending or expanding an existing statute
- Law students – this book will be an excellent resource for administrative law courses
Foreword
Endorsement
Definitions
INTRODUCTION
§ INT.01 Overview of this Book
§ INT.02 Which Procedures Apply?
§ INT.03 How to Use this Book
§ INT.04 Why Does Following Proper Hearing Procedures Matter?
§ INT.05 Broader Application of Procedural Fairness: Institutional Decision-Making
PART 1.00 PRE-HEARING PROCEDURAL MATTERS
RULE 1.01 Independence and Impartiality
RULE 1.02 Tribunal Control Over Procedures
RULE 1.03 Expedited Hearings
RULE 1.04 Postponements
RULE 1.05 Choice of Oral or Written Hearing
RULE 1.06 Hearing Model: Adversarial
RULE 1.07 Hearing Model: Inquiry-Based
RULE 1.08 Hearing Model: Binding Mediation With Tribunal
RULE 1.09 Settlement Option: Outside Mediation or Negotiation
RULE 1.10 Notice of Hearing
RULE 1.11 Pre-hearing Conference
PART 2.00 HEARING PROCEDURES
RULE 2.01 Role of Legal Counsel or Other Representative
RULE 2.02 Waiver of Procedural Rights
RULE 2.03 Swearing or Affirming Witnesses
RULE 2.04 Participation of Non-Parties: Intervenors in a Hearing
RULE 2.05 Opportunity to Be Heard
RULE 2.06 Similar Matters Before a Tribunal
RULE 2.07 Hearings Open to the Public and Media
RULE 2.08 Publication Ban or Closing Hearing to the Public
RULE 2.09 Proceeding in the Absence of a Party
RULE 2.10 Authentication of Electronic Documents
RULE 2.11 Providing Documentary Evidence
RULE 2.12 Principles of Admitting and Evaluating Evidence
RULE 2.13 Tribunal Reliance on Facts or Opinion Not Presented in Evidence
RULE 2.14 Tribunal Visits to Locations Relevant to the Hearing
RULE 2.15 Allowing a Witness to Give an Expert Opinion
RULE 2.16 The Decision-Maker Must Hear the Evidence and Submissions
RULE 2.17 Power to Make Interim Decisions on Procedural Matters
RULE 2.18 Written Reasons
RULE 2.19 Enforcement of Decisions
PART 3.00 POST-HEARING MATTERS
RULE 3.01 Correction of Clerical Errors in Tribunal Decisions
RULE 3.02 Confidentiality of Tribunal Deliberations
PART 4.00 APPEALS AND JUDICIAL REVIEWS
RULE 4.01 Appeal or Judicial Review Does Not Suspend the Decision
RULE 4.02 Creating a Record of Key Documents for Appeal or Judicial Review
RULE 4.03 Tribunal Participation in Appeal or Judicial Review
Index
