What to Expect at the Pre-Hearing or Hearing
Upon receipt of your Request for Hearing, you may be instructed to attend a Pre-Hearing. Not all matters qualify for a Pre-Hearing; some matters may be scheduled for a full Hearing.
Pre-Hearings are scheduled every other Tuesday by appointment. Hearings are set to commence at 9:30 a.m. All hearings take place in the Council Chamber at the East York Civic Centre, 850 Coxwell Avenue, Toronto, ON, M4C 5R1.
What happens at a Pre-Hearing?
A two-way conversation occurs between Municipal Licensing & Standards (MLS) and the applicant/licensee to mediate any outstanding issues in dispute. The parties may arrive at a resolution which will be presented at a scheduled hearing for approval by the Tribunal.
Note: The City does not provide interpretation services at the Pre-Hearing. You may bring an interpreter, or family member/friend who can translate on your behalf.
Who will attend?
- You and/or your representative (solicitor/paralegal) if you have one
- MLS representative(s)
Who Will Participate in the Hearing?
- You, and your representative if you have one, and any witnesses who may testify on your behalf
- A three-person panel of the Tribunal
- A lawyer from the City, representing Municipal Licensing & Standards (MLS)
- A supervisor from MLS and any other witnesses who may testify on behalf of the City
- Court Services staff, including a clerk of the court to make a full record of the proceedings
- An interpreter, if you have requested one
As it is a public hearing, members of the public and /or the media may attend.
The Process of a Hearing
The City’s lawyer begins the hearing and explains why MLS has referred a Licence to the Tribunal, refused to approve your Licence application or renewal, or recommends your Licence be revoked. The City may also call upon witnesses to testify.
Every witness must affirm to tell the truth.
After each witness has finished his or her testimony, then you or your representative (if you have one) may ask questions about that testimony. This is called cross-examination.
When the City’s witnesses are finished testifying, it is your turn to provide your statement. This is when you and your witnesses, if any, tell the Tribunal your side of the story and present any supporting documents that you have brought. Once you and your witnesses have finished testifying, you and your witnesses may be cross-examined by the City’s lawyer.
After all witnesses have testified and been cross-examined, the City’s lawyer will make a submission to the Tribunal. This submission will specify what the City wants the Tribunal to do (for example, to issue or renew your licence with or without conditions, to refuse to issue or renew your licence, or to suspend or revoke your licence) and why.
You or your representative may then make a submission on what you are asking the Tribunal to do and why.
The City’s lawyer may make a final statement to the Tribunal. The Tribunal will then consider the evidence and the law, and make a decision about your licence.