ELTO News

NEW ARB Rules of Practice and Procedure, Effective April 1, 2017

February 27, 2017 | News

The Assessment Review Board (ARB) is pleased to post the final version of the 2017 Rules of Practice and Procedure, effective April 1, 2017.

The ARB would like to thank all of our stakeholders for the thoughtful feedback that was provided on the draft Rules, which were circulated in December 2016. All feedback was reviewed and taken into consideration and, as a result, the ARB has made many changes in wording to ensure the Rules function in an efficient manner.

Some of our stakeholders raised the issue of unintended consequences. The ARB is confident that the new Rules are flexible enough to accommodate any exceptional circumstances.  Since it is difficult for the ARB to anticipate all future situations that may arise, a stakeholder committee will be established to monitor the application of the Rules and recommend any amendments to the Rules by the middle of the current assessment cycle, in 2019. Details about the stakeholder committee will be announced in the near future.

The ARB would like to highlight the following substantive changes that were made to the Rules to address the concerns raised.

The ARB:

  • added Rule 14, to permit paralegals to appear as both a witness and an advocate in summary proceedings. The Rule also permits the Board to grant leave to paralegals to appear as both a witness and an advocate in general proceedings.
  • has provided a form of affidavit of service in the new Rules, under Schedule E, to ensure consistency in proof of service.
  • extended the time for filing special notices by 30 days in the current Rule 40
  • provided new Rule 46, which clarifies that producing a document in a proceeding is not an admission of the relevance or admissibility of that document.
  • removed former Rule 50, which required challenges to expert witnesses to be made in writing within a specified period of time. We expect that parties will raise any concerns with expert witnesses at the settlement conference.
  • removed the requirement to file jurisprudence and written submissions with a notice of motion in Rule 61. We are developing a procedure in which motions will be triaged through a request for instructions to the acting Duty Vice Chair. That process will allow for filing procedures to be tailored to the complexity and needs of each specific motion.
  • clarified, in new Rule 64, that the evidence on motions will be by affidavit and any transcripts of cross examination on affidavits.
  • provided a schedule for the preparation and execution of minutes of settlement in new Rule 69, as well as an authority for the Board to issue decisions in reliance upon minutes of settlement that are executed by all parties but one. This replaces the 90 day period after which municipalities were deemed not to oppose a settlement.
  • changed Rules 60 and 89 to permit the same Board Member to preside at a settlement conference and a mediation in the same appeal. The same Member can also adjudicate the matter, but only with the written consent of all parties.
  • removed some limitations on the use of court reporters and transcripts in Rules 109 and 110.
  • added Rule 118, providing a 30 day time period to respond to costs request.
  • modified the Schedule of Events to permit amendments to pleadings in general proceedings if an expert reports raise new issues.

For more information on the new ARB Rules of Practice and Procedure document, visit our FAQs.

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