The date of the hearing on the merits has been set. Below is an overview of how a hearing is conducted.
When the Financial Markets Administrative Tribunal sits in first instance in a case, the party that filed the application has the burden of proving the allegations in its application ("burden of proof"). First, the party presents its evidence by calling witnesses and adducing documents. The respondent party has the right to cross-examine each of the applicant's witnesses as they are heard.
Then, it is the opposite party's turn to present its evidence, also through witnesses and documents. The applicant may also cross-examine the respondent's witnesses.
When the Tribunal sits in review of a decision, it may determine the order in which the evidence is to be presented.
Once the parties have closed their cases, they must make their arguments, with a view to convincing the members of the Tribunal.
The applicant, having the burden of proof, makes its arguments first, followed by the opposite party.
At the end of the hearing, the case may be taken under advisement by the members of the Tribunal.
The parties will be notified when the decision has been rendered.
If you are not represented by counsel, please make certain that the contact information provided to the Secrétariat is correct and up to date, so that the decision is sent to the right place.