The opening
statement of the adjudicator and of the parties at the beginning of a hearing is that first impression and will often set the tone for the entire proceeding.
Not exact matches
Adjudicators, mediators and clients often compliment Graeme for some
of the best briefs and opening
statements they have encountered.
• Notice
of Referral and Case Summary from the Land Registry •
Statements of Case • Typical Directions and Orders
of the
Adjudicator • Witness
Statements • Application forms for Rectification
of Documents • Helpful summaries for practitioners working in fields such as easements, adverse possession, boundary disputes and covenants
If the
adjudicator has not asked about any accommodation needs
of the parties, the opening
statement can be used to alert the
adjudicator to any accommodations that might be needed in the hearing, such as witness availability and any time constraints.
In Gravel v. Canada (Attorney General), 2011 FC 832, the court noted that it is appropriate for an
adjudicator to remind a self - represented party that an opening
statement is not evidence, even to the point
of interrupting an opening
statement.
The length
of an opening
statement also depends on how much the
adjudicator can be expected to know about the file.
A recent
statement of principle from the Ontario Superior Court (Chanachowicz v Winona Wood Limited, 2016 ONSC 160) captures the common view on the role
of a judge or
adjudicator:
In the column I talk about the benefits
of opening
statements by parties and the
adjudicator.
I have always thought that such a generic
statement was implied, as it is part
of an
adjudicator's job to review all
of the material and evidence in coming to a decision.
However, the best advice to
adjudicators is to go back to the annoying, «having considered all the evidence, I come to the following conclusions»
statement at the beginning
of reasons.