25. Disclosure Prior to Hearing

25.01 Where the good character, propriety of conduct or competence of a party is an issue in the proceedings, the party is entitled to be furnished with particulars of any allegations at least 14 days before the hearing.

25.02 At least 7 days before the hearing, except for the written report of an expert witness to which Rule 25.03 applies, a party to a hearing shall,

(a) disclose to all other parties the existence of every document and thing that the party will refer to or tender as evidence at the hearing and shall file and serve a copy on all the parties; and,

(b) make available for inspection by every other party all original documents and things that the party will refer to or tender as evidence at the hearing.

25.03 At least 14 days before the hearing, a party that intends to rely on or refer to the written report of an expert shall file and serve a signed copy of the report, containing the name, address, and qualifications of the expert,.

25.04 If a party fails to comply with this Rule, that party may not refer to the document, report or thing without the permission of an Advisory Board, which may be subject to such conditions as the Advisory Board considers just.

26. Witnesses

26.01 Witnesses at an oral or electronic hearing shall be examined under oath or affirmation, unless otherwise directed by an Advisory Board.

26.02 At least 7 days before the hearing, every party must provide the other parties with the names of the non-expert witnesses that the party intends to call to present evidence, and shall file and serve for each witness a witness statement or statement of evidence the witnesses will give.

26.03 At least 14 days before an expert witness is called, every party that intends to call an expert witness at the hearing shall file and serve, a written report containing the name, address and qualifications of the expert and the substance of the expert's proposed evidence, including a list of all the documents to which the expert will refer.

26.04 If a party fails to comply with this Rule, that party may not call the witness without the permission of an Advisory Board, which may be subject to such conditions as the Advisory Board considers just.

26.05 An Advisory Board may order that:

(a) any particular facts be proved by affidavit;
(b) the affidavit of a witness be read at an oral or electronic hearing; and
(c) a witness be examined on oath or affirmation before the hearing.

27. Summons to Witness

27.01 A party who wishes to summon a person to give testimony or to produce documents at a hearing shall prepare a Summons to Witness in Form 1(a) (oral hearings) or Form 1(b) (electronic hearings) and submit it to the Registrar.

27.02 The party requesting the Summons to Witness shall serve it personally upon the person named in the Summons and pay the person the attendance fee set out in Appendix B.