Common use of EVIDENCE AT THE HEARING Clause in Contracts

EVIDENCE AT THE HEARING. 9.1. Both You and the Manufacturer may call witnesses to give evidence on matters relevant to Your Claim. 9.2. All evidence is to be given under oath or by affirmation. 9.3. Each Party may cross-examine the other Party’s witnesses. 9.4. Evidence given by the Parties and witnesses at the hearing will be the most persuasive and determinative evidence. 9.5. Both You and the Manufacturer may expand on the problems set out on Your Claim Form but You cannot add additional problems at the hearing unless the Manufacturer consents to You doing so. 9.6. If a witness cannot be present on the hearing date, either in person or by teleconference, the Arbitrator may allow that witness’ evidence to be presented in a sworn affidavit. This type of evidence will not be determinative and will be less persuasive than the evidence given under oath or by affirmation during the hearing. 9.7. If, after the exchange of documents and prior to the hearing, You decide it is necessary to ensure Your witness is present at the hearing to provide oral or documentary evidence, You may obtain a summons to witness or subpoena to assist You. 9.8. The Provincial Administrator may assist You by providing information regarding obtaining a summons to witness or subpoena. You are responsible, subject to Section 9.9, to ensure the summons to witness or subpoena is properly issued and served and for any and all costs and fees incurred by You to obtain such summons to witness or subpoena. 9.9. The Arbitrator may make an order that the Manufacturer reimburse You up to a maximum of $100 per case towards the documented costs You incurred in connection with a summons to witness or subpoena. To obtain a refund, the‌ Arbitrator must be satisfied that the evidence given at the hearing by a witness was material to the case as it was presented at the hearing. Any expenses incurred by You, over and above the $100 limit, will not be allowed by the Arbitrator. 9.10. Where the Arbitrator is satisfied that You have abused the power to summon or subpoena a witness to an arbitration, the Arbitrator shall not order reimbursement to You for any amount You have paid to summon or subpoena that witness.

EVIDENCE AT THE HEARING. 9.1. Both You and the Manufacturer may call witnesses to give evidence on matters relevant to Your Claim. 9.2. All evidence is to be given under oath or by affirmation. 9.3. Each Party may cross-examine the other Party’s witnesses. 9.4. Evidence given by the Parties and witnesses at the hearing will be the most persuasive and determinative evidence. 9.5. Both You and the Manufacturer may expand on the problems set out on Your Claim Form but You cannot add additional problems at the hearing unless the Manufacturer consents to You doing so. 9.6. If a witness cannot be present on the hearing date, either in person or by teleconference, the Arbitrator may allow that witness’ evidence to be presented in a sworn affidavit. This type of evidence will not be determinative and will be less persuasive than the evidence given under oath or by affirmation during the hearing. 9.7. If, after the exchange of documents and prior to the hearing, You decide it is necessary to ensure Your witness is present at the hearing to provide oral or documentary evidence, You may obtain a summons to witness or subpoena to assist You. 9.8. The Provincial Administrator may assist You by providing information regarding obtaining a summons to witness or subpoena. You are responsible, subject to Section 9.9, to ensure the summons to witness or subpoena is properly issued and served and for any and all costs and fees incurred by You to obtain such summons to witness or subpoena. 9.9. The Arbitrator may make an order that the Manufacturer reimburse You up to a maximum of $100 per case towards the documented costs You incurred in connection with a summons to witness or subpoena. To obtain a refund, the‌ the Arbitrator must be satisfied that the evidence given at the hearing by a witness was material to the case as it was presented at the hearing. Any expenses incurred by You, over and above the $100 limit, will not be allowed by the Arbitrator. 9.10. Where the Arbitrator is satisfied that You have abused the power to summon or subpoena a witness to an arbitration, the Arbitrator shall not order reimbursement to You for any amount You have paid to summon or subpoena that witness.

EVIDENCE AT THE HEARING. ‌‌ 9.1. Both You and the Manufacturer may call witnesses to give evidence on matters relevant to Your Claim. 9.2. All evidence is to be given under oath or by affirmation. 9.3. Each Party may cross-examine the other Party’s witnesses. 9.4. Evidence given by the Parties and witnesses at the hearing will be the most persuasive and determinative evidence. 9.5. Both You and the Manufacturer may expand on the problems set out on Your Claim Form but You cannot add additional problems at the hearing unless the Manufacturer consents to You doing so. 9.6. If a witness cannot be present on the hearing date, either in person or by teleconference, the Arbitrator may allow that witness’ evidence to be presented in a sworn affidavit. This type of evidence will not be determinative and will be less persuasive than the evidence given under oath or by affirmation during the hearing. 9.7. If, after the exchange of documents and prior to the hearing, You decide it is necessary to ensure Your witness is present at the hearing to provide oral or documentary evidence, You may obtain a summons to witness or subpoena to assist You. 9.8. The Provincial Administrator may assist You by providing information regarding obtaining a summons to witness or subpoena. You are responsible, subject to Section 9.9, to ensure the summons to witness or subpoena is properly issued and served and for any and all costs and fees incurred by You to obtain such summons to witness or subpoena. 9.9. The Arbitrator may make an order that the Manufacturer reimburse You up to a maximum of $100 per case towards the documented costs You incurred in connection with a summons to witness or subpoena. To obtain a refund, the‌ the Arbitrator must be satisfied that the evidence given at the hearing by a witness was material to the case as it was presented at the hearing. Any expenses incurred by You, over and above the $100 limit, will not be allowed by the Arbitrator. 9.10. Where the Arbitrator is satisfied that You have abused the power to summon or subpoena a witness to an arbitration, the Arbitrator shall not order reimbursement to You for any amount You have paid to summon or subpoena that witness.

EVIDENCE AT THE HEARING. 9.1. Both You and the Manufacturer may call witnesses to give evidence on matters relevant to Your Claim. 9.2. All evidence is to be given under oath or by affirmation. 9.3. Each Party may cross-examine the other Party’s witnesses. 9.4. Evidence given by the Parties and witnesses at the hearing will be the most persuasive and determinative evidence. 9.5. Both You and the Manufacturer may expand on the problems set out on Your Claim Form but You cannot add additional problems at the hearing unless the Manufacturer consents to You doing so. 9.6. If a witness cannot be present on the hearing date, either in person person, by teleconference or by teleconferenceweb conference, the Arbitrator may allow that witness’ evidence to be presented in a sworn affidavit. This type of evidence will not be determinative and will be less persuasive than the evidence given under oath or by affirmation during the hearing. 9.7. If, after the exchange of documents and prior to the hearing, You decide it is necessary to ensure Your witness is present at the hearing to provide oral or documentary evidence, You may obtain a summons to witness or subpoena to assist You. 9.8. The Provincial Administrator may assist You by providing information regarding obtaining a summons to witness or subpoena. You are responsible, subject to Section 9.9, to ensure the summons to witness or subpoena is properly issued and served and for any and all costs and fees incurred by You to obtain such summons to witness or subpoena. 9.9. The Arbitrator may make an order that the Manufacturer reimburse You up to a maximum of $100 per case towards the documented costs You incurred in connection with a summons to witness or subpoena. To obtain a refund, the‌ the Arbitrator must be satisfied that the evidence given at the hearing by a witness was material to the case as it was presented at the hearing. Any expenses incurred by You, over and above the $100 limit, will not be allowed by the Arbitrator. 9.10. Where the Arbitrator is satisfied that You have abused the power to summon or subpoena a witness to an arbitration, the Arbitrator shall not order reimbursement to You for any amount You have paid to summon or subpoena that witness.