FSCO Arbitration Toolkit

ADR Chambers announced it will not be scheduling any pre-hearings beyond March 31, 2017 and it will not be scheduling any hearings beyond December 31, 2017.  For remaining hearings, here are a few things to have in your FSCO arbitration toolkit:

FSCO Witness Tools

The applicant must send a list of witnesses, identifying both the witnesses they intend to call and those they intend to cross-examine.  Pursuant to rule 41 of the Dispute Resolution Practice Code (DRPC), this must be done at least 30 days before the hearing and possibly sooner if so ordered at a pre-hearing.  In addition, pursuant to rule 41 of the DRPC, the witnesses must be notified they will be called to testify at least 30 days before the hearing.

Click here for a precedent Applicant’s Witness List

To summons a witness to a hearing, see rule 73 of the DRPC and download a Summons to Witness Form N in blank.  Fill out all information leaving the witness’s name out so that it can be used for multiple witnesses.  Email the partially completed summons to fsco.docs@adr.ca and request it be issued.  FSCO will generally issue the summons and send it back to you the same day by email.  Complete the summons with a name and anything in particular you want the witness to bring.  Calculate the attendance money and serve the summons and attendance money at least 5 days before the first day of hearing.  For more information on how to calculate the attendance money, check out our resource on How to Summons a Witness in Superior Court.

FSCO Document Brief Tools

A joint arbitration document is required and expected.  Pursuant to rule 39 of the DRPC must be done at least 30 days before the hearing and possibly sooner if so ordered at a pre-hearing.  Parties should discuss and agree on whether the documents must be proven in the ordinary course, whether they are authentic and whether they are being submitted for the truth of their contents.  There should at minimum be an agreement on authenticity.  Due to relaxed rules of evidence in arbirations, most documents will go in with appropriate weight given.  Note that unlike Court proceedings, expert medical reports are filed in FSCO arbitrations where the witness is called to testify.

Click here for a precedent Joint Arbitration Document Brief

If additional documents come up, they should be added into the joint brief or included in a supplementary joint brief or if all else fails a party’s own brief.

Click here for a precedent Applicant’s Arbitration Document Brief

More Arbitration Tools

More information and tools for arbitrations and trials can be found in the Ontario Civil Trial Manual.

Hassell Trial Counsel acts for law firms at arbitrations, including FSCO arbitrations.

Click here for our services for law firms.

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