Practice Manual Chapters 10 and 11

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10.00 COSTS AND EXPENSES

The Tribunal does not have the authority to award costs under the Act.

11.00 EVIDENCE

11.10 General

The Tribunal may admit any evidence, including hearsay, that it considers relevant to the appeal, whether or not a court would admit the same evidence. This may include any oral testimony, documents or demonstrative evidence. However, the Tribunal may exclude any evidence that is repetitious, vexatious or inadmissible. The rules of evidence under which the Tribunal functions are more relaxed than those which apply to courts.

11.20 Internet Evidence

Relevant internet evidence, in the form of a printed document(s), may be admitted if the source is identified.

11.30 Generic Evidence

The Tribunal may consider generic evidence obtained in relation to other appeals previously or currently before the Tribunal.

11.40 Disclosure

At any time the Tribunal may order a participant to provide other participants or the Tribunal with information or documents that the Tribunal considers necessary to resolve the appeal. The information may include "particulars" clarifying the grounds for the appeal and the remedies requested.

11.50 The Record

All participants to an appeal before the Tribunal are entitled to a full copy of the "record". Generally, the record is all evidence and submissions (both oral and written) filed directly with the Tribunal, as well as all relevant Board claim files. Draft decisions and all notes made by an appeal commissioner(s) in reviewing the evidence do not form part of the record.

The Board is responsible for providing a copy of relevant claim files to workers. The Tribunal is responsible for providing copies of relevant claim files to employers and other participants.