7. Choosing a written or oral hearing

On this page

• 7.1 Written hearings
• 7.2 Oral hearings
• 7.3 Active adjudication

CART will have a hearing to determine if the applicant is in violation of the law and, if so, whether the amount of the administrative monetary penalty was properly determined.

There are two types of hearings: written and oral. We will ask the applicant which type they prefer.

7.1 Written hearings

In written hearings, the parties provide written, photographic or video evidence, as well as written arguments.

These hearings are usually decided more quickly. CART makes its decision based on the written arguments and supporting documents the parties submit. As a result, there is no opportunity to testify or ask questions about the evidence.

The following is the typical process for a written hearing:

• The respondent provides written arguments and evidence (documents, photos or videos) that the applicant committed the violation in the notice, and that the penalty—if any—was appropriate.
• The applicant may then choose to provide written arguments and evidence (documents, photos or videos) about why they disagree with the respondent’s arguments and evidence.

7.2 Oral hearings

At an oral hearing, you will have the opportunity to talk and ask questions. The parties will often bring witnesses and make oral arguments. An oral hearing also allows parties to question each other’s witnesses.

CART holds its oral hearings by videoconference. As a result, you can attend an oral hearing from your home. You can use your own electronic device, such as a laptop, desktop or smartphone, to join the hearing.

For more information, please see Practice Note: Virtual and In-Person Oral Hearings.

The following is the typical process for an oral hearing:

1. The member asks if there are any preliminary issues. A preliminary issue is something a party believes should be discussed at the outset.

   Examples include:

   • the hearing process;
   • access to documents;
   • whether the witnesses have shown up;
   • what the witnesses can hear before they testify;
   • technology issues; and
   • human rights accommodations.

   Not every hearing will have preliminary issues.

2. The parties make opening statements.

   The respondent first makes their opening statement, followed by the applicant if the applicant chooses to do so.

   An opening statement functions as a summary of what you will present at the hearing. No details or evidence are required. For example, an applicant could explain why they disagree with the notice or minister’s decision.

3. The respondent’s witnesses give their testimony.

   When these witnesses testify:

   • the respondent’s representative asks questions of the witness (direct examination);
   • the applicant can then challenge the witness (cross-examination); and
   • the respondent’s representative may ask follow-up questions (redirect).

   This process is repeated for each of the respondent’s witnesses.

4. The applicant and/or their witnesses give their testimony.

   When the applicant and/or their witnesses testify:

   • the applicant directly examines the witness;
   • the respondent cross-examines these witnesses;
   • the applicant can ask follow-up questions in redirect;
   • if the applicant testifies, the respondent will cross-examine the applicant; and
   • the applicant may then add to their testimony after cross-examination.

   This process is repeated for each of the applicant’s witnesses.

5. Closing submissions

   Once all witnesses have testified, the parties make their closing submissions. These are short summaries of what you want the member to remember about the evidence, spoken first by the respondent and then the applicant. The respondent may have an opportunity to reply.

   Closing submissions are sometimes made orally at the hearing or in writing after.

7.3 Active adjudication

CART members may use active adjudication during oral hearings.

Active adjudication may include:

• explaining the laws and rules that apply to CART’s review;
• deciding what issues need to be addressed;
• deciding what procedures are appropriate;
• deciding the order for parties to present evidence; and
• asking questions.

In using active adjudication, the CART member will ensure that legal and procedural rules are applied fairly to all parties.