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Interlocutory Decisions : 2000

2000-05-10

LET-W-119-2000

File No. W 9255/H1-1

The following Procedural Direction is made pursuant to section 7 of the National Transportation Agency General Rules (the General Rules) to assist the Canadian Transportation Agency (the Agency) in its investigation of the above-noted matter. The Procedural Direction is directed to Halterm and the HPA as well as to any interveners who ask to participate in the public hearing.

This Procedural Direction shall apply to the conduct of the Agency's public hearing and may be subject to change from time to time as the Agency may determine.

DIRECTIONS

A. Public Hearing in Halifax, Nova Scotia

The public hearing will commence on Monday June 12, 2000 at 10:00 a.m. in the Imperial Ballroom of the Lord Nelson Hotel, 1515 South Park Street, Halifax, Nova Scotia.

The Agency will normally sit from 9:00 a.m. until 5:00 p.m., although extended sittings may be scheduled in the evenings, as required.

B. Interrogatories and Notices to Produce

The first set of interrogatories and notices to produce shall be filed with the Agency and copied to the other party on or before May 17, 2000.

Responses to all interrogatories and notices to produce shall be filed with the Agency and copied to the other party within seven days.

Further interrogatories and notices to produce may be filed with the Agency and copied to the other party on or before June 2, 2000. Responses to further interrogatories and notices to produce shall be filed with the Agency and copied to the other party within 7 days and in any event no later then noon on June 9, 2000.

C. Expert Reports

Where Halterm intends to rely on the opinion of an expert, a report from this expert shall be filed with the Agency and copied to the HPA on or before May 26, 2000.

Where the HPA intends to rely on the opinion of an expert including the opinion of an expert to reply to an expert report filed by Halterm, a report from this expert shall be filed with the Agency and copied to Halterm on or before June 7, 2000.

Where Halterm intends to rely on the opinion of an expert to reply to an expert report filed by the HPA, a report from this expert shall be filed with the Agency and copied to the HPA 48 hours in advance of presentation of that expert's evidence.

D. Witness Statements and Lists

Halterm shall file with the Agency and copy to the HPA on or before June 2, 2000 its witness lists and witness statements.

The HPA shall file with the Agency and copy to Halterm on or before June 7, 2000 its witness lists and witness statements.

The lists of proposed witnesses shall identify witnesses in order of proposed appearance and indicate the approximate duration of each witness' presentation of evidence. The witness statements shall identify each witness, the issues to be addressed by each witness and provide a summary of the witness' evidence on each issue.

Subject to any claim for confidentiality, witness lists and statements may be made available to any interveners who have been granted the right to cross-examine by the Agency.

E. Interveners

Any one wishing to participate in the public hearing in any form, whether by way of written or oral submission, shall file written notice of intent to participate as an intervener in the hearing on or before May 23, 2000.

Where an intervener intends to attend the public hearing and make an oral submission, it shall file with the Agency and copy to Halterm and the HPA on or before June 7, 2000 its witness lists and witness statements.

Interveners will not have the right to cross-examine witnesses at the hearing subject to an application being made to the Agency for permission to do so.

F. Preliminary Matters

Any one intending to raise any preliminary matter with the Agency at the commencement of the hearing on June 12 is required to give written notice of motion. Notices of motion shall be filed with the Agency and copied to the other party no later than June 7, 2000. The notice of motion shall contain a clear and concise statement of facts, the decision or order sought and the grounds for seeking the decision or order. Opposing parties will not be required to answer the notice of motion prior to the hearing.

G. Order of Proceedings

1. Preliminary matters
2. Opening Statements -Halterm -the HPA
3. Halterm - evidence in chief -cross-examination and questioning
4. Interveners in support of Halterm - submissions and/or evidence in chief -cross-examination and questioning
5. HPA - evidence in chief -cross-examination and questioning
6. Interveners in support of HPA - submissions and/or evidence in chief -cross-examination and questioning
7. Halterm - rebuttal evidence, if needed -cross-examination and questioning
8. Final Argument -Halterm -HPA

H. Cross-Examination

After the presentation of their evidence, each witness shall be subject to cross-examination by the adverse party and then to questioning by Panel members and counsel for the Agency.

I. Procedure for In Camera Proceedings

The Agency anticipates that parts of the hearing may have to take place in camera given the extent of confidential information that has been filed with the Agency. The parties will be required to present their cases and cross-examine in public to the fullest extent possible. In camera proceedings, where necessary, will not commence until each witness has presented their public evidence and has been cross-examined publicly.

J. Final Argument

The Agency anticipates that it may need to schedule final oral argument to take place subsequent to the public hearing in Halifax and will do so, as required.

K. Copies of Documents

Hearing participants making reference to any document or extract of document shall ensure that at least 20 copies of the document or extract are available for distribution at the hearing.

L. Transcripts

Arrangements for the purchase of daily transcripts of proceedings can be made with the transcription service at the hearing.

Should you have any questions, you may contact Agency Counsel, Elizabeth Barker at (819) 997-9325 or Inge Green at (819) 953-0611.