Case Management Conference (LTB)
The CMH has two purposes. First, it provides an opportunity for parties to explore settlement of the issues in dispute, usually with an LTB Hearing Officer, who is trained in dispute resolution. Second, if parties are unable to resolve all the issues in dispute, the LTB will make directions to facilitate a fair, just and expeditious merits hearing, or in appropriate circumstances, make orders finally determining matters agreed to by the parties or not in dispute.
Where the parties are unable to settle all issues, the LTB will proceed with case management. If a party has not already done so, this is an opportunity to identify Human Rights Code, French Language Service or American Sign Language/Quebec Sign Language needs. Moreover, parties will be asked to consider the following:
- facts and evidence that may be agreed upon;
- the dates by which any steps in the proceeding are to be taken or begun;
- the clarification and simplification of issues in dispute;
- disclosure and production of materials arguably relevant to the issues in dispute;
- the number and identity of witnesses each party intends to call, and discussion of whether all proposed witnesses are necessary; and
- the amount of time necessary to complete the hearing.
At this stage of the CMH, the LTB Member or Hearing Officer will issue any orders necessary for the fair, just and expeditious conduct or resolution of the issues in dispute. This includes issuing orders for disclosure of arguably relevant documents or materials, identifying the issues in dispute, requiring payment of money into the LTB and setting out procedural matters that the parties may agree on.
206.1 (1) The Board may designate one or more employees in the Board as hearing officers for the purposes of this section to exercise the powers and duties of the Board as its delegate. 2011, c. 6, Sched. 3, s. 2; 2013, c. 3, s. 49.
Powers of hearing officer
- (2) Subject to any restrictions in the regulations, a hearing officer may do the following with respect to an application described in subsection (3):
- 1. Hold a hearing.
- 2. Make an order that the Board could make, including an order made other than in connection with a hearing. 2011, c. 6, Sched. 3, s. 2.
- (3) The applications with respect to which subsection (2) applies are the following:
- 1. An application for which the respondent does not appear at the time scheduled for the hearing.
- 2. An application specified in the Rules. 2011, c. 6, Sched. 3, s. 2.
Order of Board
- (4) An order made by a hearing officer under paragraph 2 of subsection (2) is an order of the Board for the purposes of this Act. 2011, c. 6, Sched. 3, s. 2.
Powers of the Board
201 (1) The Board may, before, during or after a hearing,
- (a) conduct any inquiry it considers necessary or authorize an employee in the Board to do so;
- (b) request an employee in the Board to conduct any inspection it considers necessary;
- (c) question any person, by telephone or otherwise, concerning the dispute or authorize an employee in the Board to do so;
- (d) permit or direct a party to file additional evidence with the Board which the Board considers necessary to make its decision;
- (e) view premises that are the subject of the hearing; or
- (f) on its own motion and on notice to the parties, amend an application if the Board considers it appropriate to do so and if amending the application would not be unfair to any party. 2006, c. 17, s. 201 (1); 2013, c. 3, s. 44; 2016, c. 25, Sched. 5, s. 4.
- (2) In making its determination, the Board may consider any relevant information obtained by the Board in addition to the evidence given at the hearing, provided that it first informs the parties of the additional information and gives them an opportunity to explain or refute it. 2006, c. 17, s. 201 (2).
- (3) If a party fails to comply with a direction under clause (1) (d), the Board may,
- (a) refuse to consider the party’s submissions and evidence respecting the matter regarding which there was a failure to comply; or
- (b) if the party who has failed to comply is the applicant, dismiss all or part of the application. 2006, c. 17, s. 201 (3)