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RULES OF PROCEDURE | PART E: APPLICATIONS IN EXCEPTIONAL CIRCUMSTANCES

[Pursuant to Section 24.3 (Applications in Exceptional Circumstances) of MFDA By-law No. 1]

RULE 24: COMMENCEMENT OF PROCEEDINGS

24.1  Notice of Application

(1)  An application pursuant to section 24.3 of MFDA By-law No. 1 shall be commenced by a Notice of Application signed by an officer of the Corporation.

(2)  The application may be made:

  1. with notice to the Respondent; or
  2. without notice pursuant to sections 24.3.1(b) or 24.3.2(b) of MFDA By-law No. 1.

24.2  Contents of the Notice of Application

(1)  A Notice of Application shall state:

  1. the specific relief sought;
  2. whether notice has been provided to the Respondent;
  3. whether it is proposed that the application be conducted as an oral hearing, a written hearing or an electronic hearing;
  4. the date, time and location of the application, if applicable;
  5. the grounds for the relief sought including reference to any relevant provision of a By-law, Rule or Policy of the Corporation, these Rules, or a statute or regulation; and
  6. the list of evidence and materials to be relied upon.

24.3  Date of Application

(1)  Where the application is to be conducted as an oral hearing or an electronic hearing, the Corporation shall obtain a date for the application from the Secretary.

(2)  Where the application is to be conducted as a written hearing, no date will be set.

24.4 Application – To Whom to be Made and Form of Application

(1)  The application shall be heard by a Hearing Panel.

(2)  The Corporation may propose that the application be conducted as an oral hearing, a written hearing or an electronic hearing and the application shall be heard in that form unless the Hearing Panel directs otherwise.

(3)  The Hearing Panel shall determine the form of the application and in doing so may consider any relevant factors, including:

  1. convenience;
  2. fairness;
  3. cost, efficiency and timeliness;
  4. public access to and participation in the hearing;
  5. the Hearing Panel’s mandate;
  6. whether the proposed form of the application is appropriate having regard to the evidence and the issues to be considered.

24.5  Filing of Application Record

(1)  The Corporation shall file a copy of the Application Record as soon as practicable.

24.6  Contents of the Application Record

(1)  The Application Record shall contain copies of:

  1. the Notice of Application; and
  2. the evidence and materials to be relied upon.

24.7  Application With Notice

(1)  Where notice has been provided to a Respondent, the Respondent may object to the proposed form of the application by advising all other parties and the Secretary in writing of the grounds for the objection as soon as practicable.

(2)  Where notice has been provided to a Respondent and the Hearing Panel determines that the application will be heard in a form other than the form proposed by the Corporation, the Secretary shall notify the parties of the Hearing Panel’s determination.

(3)  In the case of a person who is named as a Respondent and who has been provided with notice, a copy of the Notice of Application shall be served on the Member or Members concerned.

(4)  Where notice has been provided to a Respondent, and the Respondent has confirmed their attendance at the application, the Corporation shall serve a copy of the Application Record on the Respondent as soon as practicable, unless the Hearing Panel directs otherwise.

(5)  Where the Corporation proceeds with notice to the Respondent or at any stage of the application, the Hearing Panel requires that notice of the application be given to the Respondent, the Corporation shall serve a copy of the Notice of Application on the Respondent:

  1. In a manner reasonably likely to bring the application to the attention of the Respondent; or
  2. On such terms and condition as the Hearing Panel considers appropriate.

24.8  Responding Record

(1)  Where notice has been provided to a Respondent, the Respondent may serve on every other party and file a Responding Record as soon as practicable, unless the Hearing Panel directs otherwise.

(2)  The Responding Record shall contain:

  1. a statement of the reasons why the relief should not be granted; and
  2. copies of any additional evidence or other materials to be relied upon.

24.9  Order

(1)  Once the Hearing Panel makes an order in the application the Corporation shall forthwith:

  1. serve a copy of the reasons for decision, if any and the order on the Respondent and Member or Members concerned on such terms and conditions as the Hearing Panel considers appropriate;
  2. where notice has not been provided to a Respondent, serve a copy of the Notice of Application and at the discretion of the Hearing Panel such evidence and material relied upon in the application, on such terms and conditions as the Hearing Panel considers appropriate; and
  3. advise the Respondent in writing of the right to request a review pursuant to section 24.3.6 of MFDA By-law No. 1.

RULE 25: REVIEW OF APPLICATION

25.1  Notice of Request for Review

(1)  A request for a review of an application pursuant section 24.3.6 of MFDA By-law No. 1. shall be commenced by a Notice of Request for Review.

(2)  The Requesting Party shall serve on every other party and file with the Secretary a Notice of Request for Review within 30 days of the notice of the penalty being given in accordance with section 24.5 of MFDA By-law No. 1.

25.2  Contents of Notice of Request for Review

(1)  A Notice of Request for Review shall state:

  1. the specific relief sought;
  2. the grounds for the relief sought including reference to any relevant provision of a By-law, Rule or Policy of the Corporation, these Rules, or a statute or regulation; and
  3. any evidence and materials required for the review of the application that were not in the Application Record, the Responding Record or filed at the application.

25.3  Reply to a Review of an Application

(1)  The Responding Party may serve on every other party and file a Reply as soon as practicable and in any event at least seven days prior to the date of the review of the application, unless the Hearing Panel directs otherwise.

(2)  The Reply may contain statements and documents pertaining to matters raised in the Notice of Application or in the Notice of Request for Review.

25.4  Date of Review of an Application

(1)  Notice of the date, time and location of the review of an application will be provided to the parties by the Secretary.

(2)  The date of the review of an application shall be no later than 21 days after the filing of the Notice of Request for Review unless a Hearing Panel directs or the parties agree otherwise.

25.5  Ordering Transcripts

(1)  Where the application has been conducted as an oral hearing or an electronic hearing, upon request, the Secretary will provide the Requesting Party and the Responding Party with a copy of the transcript of the application.