RULES OF PROCEDURE | PART D: MEMBERSHIP APPLICATION HEARINGS

RULE 18: COMMENCEMENT OF A MEMBERSHIP APPLICATION HEARING

18.1  Request for Membership Application Hearing

(1)  A hearing pursuant to section 11.6 of MFDA By-Law No. 1 shall be commenced by an Applicant filing a Request for Membership Application Hearing (a "Request for Hearing") with the Secretary.

(2)  The Applicant must file a Request for Hearing within 14 days of effective service of a proposal by the Board of Directors to approve its application for membership subject to terms and conditions or to refuse its application for membership.

(3)  A Request for Hearing shall be in the form provided by the Secretary.

(4)  If the Applicant fails to request a hearing in accordance with this Rule 18.1, the Hearing Panel may approve the application subject to terms and conditions or refuse the application.

18.2  Applicant’s Statement of Relief Sought, Grounds and Particulars

(1)  The Applicant shall serve a Statement of Relief Sought, Grounds and Particulars (the "Applicant’s Statement") on the Corporation, and file a copy of the Applicant’s Statement with the Secretary, within 45 days of the date on which the Request for Membership Application Hearing was filed with the Secretary.

(2)  The Applicant’s Statement shall state:

  1. the specific relief sought;
  2. the grounds for the relief sought; and
  3. the full particulars of the grounds for the relief sought.

(3)  If the Applicant fails to serve and file the Applicant’s Statement in accordance with this Rule 18.2, the hearing may be deemed to be abandoned and the Hearing Panel may approve the application subject to terms and conditions or refuse the application.

18.3  Date, Time and Location of Hearing

(1)  The Secretary shall notify the parties of the date, time and location of the hearing.

18.4  Failure to Attend Hearing

(1)  Where an Applicant fails to attend or otherwise participate in the hearing on the date and at the time and location as notified pursuant to Rule 18.3, the hearing may be deemed to be abandoned and the Hearing Panel may approve the application subject to terms and conditions or refuse the application.

RULE 19: RESPONSE

19.1  Response to the Applicant’s Statement

(1)  The Corporation shall serve and file a Response to the Applicant’s Statement (the "Response") within 30 days of the effective date of service of the Applicant’s Statement.

(2)  The Response shall contain a statement of the grounds upon which the relief sought by the Applicant should not be granted.

RULE 20: DISCLOSURE OF DOCUMENTS

20.1  Obligation to Disclose Documents and Other Items

(1)  A party shall, as soon as reasonably practicable after the date on which the Response is filed, and in any case at least 14 days prior to the commencement of the hearing, provide the other party with copies of all documents, and a list of items other than documents, other than those already provided by the party, upon which the party intends to rely at the hearing.

(2)  A party shall make available for inspection by the other party any item referred to in sub-Rule (1).

20.2  Failure to Disclose Documents and Other Items

(1)  If a party fails to provide a document, or make any other item available for inspection, in accordance with Rules 20.1, then that party may not rely on the document or item at the hearing without the permission of the Hearing Panel and on such terms as the Hearing Panel considers appropriate.

20.3  Common Law Duty to Disclose

(1)  Nothing in this Rule 20 derogates from the obligation of the Corporation to make disclosure as required by common law as soon as reasonably practicable after the date on which the Response is filed.

RULE 21: WITNESS LISTS AND STATEMENTS

21.1  Provision of Witness Lists and Statements

(1)  Subject to Rule 22, a party to a hearing conducted pursuant to section 11.7.2 of MFDA By-law No. 1 shall provide the other party with:

  1. a list of the witnesses the party intends to call at the hearing; and
  2. in respect of each witness named on the list either:
    1. a witness statement signed by the witness; or
    2. a transcript of a recorded statement made by the witness; or
    3. if no signed witness statement or transcript referred to in sub-Rules (i) and (ii) is available, a summary of the evidence that the witness is expected to give at the hearing.

(2)  The parties shall comply with the requirements of sub-Rule (1) at least 14 days prior to the commencement of
the hearing.

21.2  Contents of Witness Statements

(1)  A witness statement, transcript of a recorded statement or summary of the expected evidence of a witness required by Rule 21.1 shall contain:

  1. the substance of the evidence the witness is expected to give at the hearing; and
  2. the name and address of the witness or, in the alternative, the name and address of a person through whom the witness can be contacted.

21.3  Failure to Provide Witness List or Statement

(1)  If a party fails to comply with Rule 21.1, the party may not call the witness at the hearing without permission of the Hearing Panel and on such terms as the Hearing Panel considers appropriate.

21.4  Incomplete Witness Statement

(1)  A party may not call a witness to testify to matters not disclosed in accordance with Rule 21.2 without the permission of the Hearing Panel and on such terms as the Hearing Panel considers appropriate.

RULE 22: EXPERT WITNESS

22.1  Expert’s Report

(1)  A party that intends to call an expert witness shall provide the other party with a signed copy of the expert’s report at least 40 days prior to the date of the hearing.

22.2  Expert’s Report in Response

(1)  A party that intends to call an expert witness to respond to the expert witness of another party shall provide the other party with a signed copy of the expert’s report at least 14 days prior to the date of the hearing.

22.3  
Contents of Expert’s Report

(1)  An expert’s report shall contain:

  1. the name, address and qualifications of the expert; and
  2. the substance of the expert’s opinion.

22.4  Failure to Provide Expert’s Report

(1)  A party that fails to comply with Rules 22.1, 22.2 or 22.3 may not call the expert as a witness or rely on the expert’s report at the hearing without the permission of the Hearing Panel and on such terms as the Hearing Panel considers appropriate.

RULE 23: CONDUCT OF MEMBERSHIP APPLICATION HEARINGS

23.1  Rights of Parties

(1)  A party to a hearing conducted pursuant to section 11.5.3 of MFDA By-law No. 1 is entitled:

  1. to attend before the Hearing Panel and be heard in person;
  2. to be represented by counsel or an agent;
  3. to present documentary evidence;
  4. to call and examine witnesses;
  5. to cross-examine opposing witnesses; and
  6. to make submissions on matters at issue in the Hearing.

23.2  Order of Presentation

(1)  The order of presentation at a hearing shall be as follows:

  1. The Applicant shall make an opening address and the Corporation may either make an opening address immediately following the Applicant’s opening address or prior to presenting its case in (c) below, but not both;
  2. the Applicant shall present its evidence, examine its witnesses and make submissions and the Corporation shall be permitted to cross-examine each of the Applicant’s witnesses, subject to Rule 23.3;
  3. the Corporation shall present its evidence, examine its witnesses and make submissions and the Applicant shall be permitted to
    cross-examine each of the Corporation’s witnesses, subject to Rule 23.3;
  4. the Applicant may present any evidence and call any witnesses in reply to any issues raised for the first time by the Corporation
    during the presentation of its case in sub-Rule (c), and the Corporation shall be permitted to cross-examine any such witnesses called by the Applicant, subject to Rule 23.3;
  5. The Applicant, followed by the Corporation, shall be permitted to make a closing argument.

(2)  Subject to the Hearing Panel’s discretion, the Applicant may request that the order of presentation be reversed.

23.3  Evidence by Sworn Statement

(1)  The Hearing Panel may allow the evidence of a witness or proof of a particular fact or document to be given by sworn statement unless the other party reasonably requires the attendance of the witness at the hearing for cross-examination.

23.4  Evidence by Witnesses

(1)  Subject to Rule 23.3, a witness at a hearing shall provide oral testimony under oath or affirmation.

(2)  The Hearing Panel shall exercise reasonable control over the scope and manner of questioning of a witness so as to protect the witness from undue harassment or embarrassment and may disallow a question put to a witness that is vexatious or irrelevant to the matters at issue in the hearing.