Rules of Practice and Procedure - Ontario Municipal Board

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(d) whether facts and evidence may be agreed upon;
(e) whether most of the issues are legal issues; and
(f) whether oral testimony is likely to be necessary.
86. How to Object A party who objects to a written hearing shall file and provide a copy of
a written objection to the other parties, setting out details of its claim that there is a good reason
for not holding the hearing event in written form, within 10 days of the date of the notice of
written hearing.
87. Procedure for Exchange of Documents in Written Hearings If no notice of objection
is received, the moving party shall provide to the Board and the other parties copies of its
affidavit(s) and submissions within 30 days after the date of the Board’s notice of the written
hearing. The submissions shall include the reasons for the proceeding and the order requested,
and any law relied on. The affidavit shall include the facts relied on and the evidence supporting
the facts.
The other parties wishing to respond to the submissions shall do so by copy to all parties and
the Board within 20 days of the date that the applicant’s affidavit and submissions were served.
The responding submissions shall include an affidavit of the facts and the evidence relied upon
and state if that party has no submissions or evidence on any of the issues raised, if this is the
case.
The applicant may reply to the other parties’ responses, with a copy to the Board, within 10 days
after the date for service of the responses, and the reply shall be limited to any new evidence in
the responses.
88. Requirement that Evidence be Sworn or Affirmed Evidence in a written hearing must
be by affidavit, and any documents filed shall be attached to an affidavit of a person having
personal knowledge of the document. The Board may permit evidence to be filed in a different
form or in electronic form as approved by the Board upon request of a party.
CONDUCT OF PROCEEDINGS
89. Hearings to be Public All Board hearing events will be open to the public except where
the Board Member determines that the hearing event is to be heard in private, such as a
mediation or the exceptions to a public hearing, set out in the Statutory Powers Procedure Act .
90. Procedure at a Hearing The Board may by order establish the procedure at a hearing
event unless an Act provides differently.
91. Media Coverage - Photographic, Audio or Video Recording
No person shall take or attempt to take a photograph, motion picture, video recording, or other
recording capable of producing visual or aural representations by electronic means, or
otherwise, at any proceedings of the Board otherwise open to the public, unless the presiding
Board Member authorizes the recording and the following conditions have to be satisfied by the
person making the request:
(a) authorization for the request was submitted to the presiding Board Member or the Chair;
(b) the Board Member determines that the proceedings will not be disrupted or delayed if
approval is given;
(c) the Board Member determines that the approval will not result in any prejudice to any party
to the proceedings;