The CICB can order an oral, electronic or written hearing. During an electronic hearing, the parties are on the phone or video conference while the adjudicators are at a hearing site. Or, one party could be at the hearing site with the adjudicators while another party is on the phone or video conference.
Once an electronic hearing is scheduled, you will receive a notice with the date, time and location (if applicable) of the hearing.
You must attend the hearing. Contact us immediately if you are unable to attend your hearing or if you expect to be late.
If you have filed more than one claim with the CICB you may receive more than one notice of hearing. It is important that you check each notice, since each hearing may start at a different time.
If you don't attend the hearing, the adjudicators may go ahead without you and you will not be entitled to any further notice in the proceeding. (see Section 7 of the Statutory Powers Procedure Act). In these cases, the adjudicators can make a decision based on the documentary evidence in the file and the oral evidence of any witnesses who appear.
Hearings are conducted in either English or French. If you require an interpreter in a language other than English or French, please let us know and we will arrange for an accredited interpreter to attend your hearing.
During a hearing, the adjudicators will ask questions about the incident, injuries and associated costs. At the beginning of the hearing, you will need to affirm that you will tell the truth.
Make sure that you join the call or video-conference from someplace that is quiet and private. If anyone is joining you on the call or videoconference, be sure to introduce that person at the beginning of the hearing.
If it is not clear whether a crime of violence occurred, the CICB may notify the alleged offender about the application. If the CICB decides to hold the hearing in person, the alleged offender will not be in the same room as the claimant. They will be on the phone or video conference. We will tell the claimant whether an alleged offender will participate in the hearing. If you are the claimant and you have concerns about the alleged offender being notified or receiving a copy of your application, tell us immediately.
Hearings are usually scheduled for 90 minutes. We may allow more time if, for example:
Please arrive 15 minutes before the hearing. If either you or your client is late, the adjudicators will not have a full hour to devote to the case, since they will need to proceed with the next scheduled hearing.
If you think an electronic hearing will cause you "significant prejudice", you can object to it. You must submit your objection to the CICB in writing within 14 days of being advised of the form of hearing. If the CICB agrees that the electronic format would cause significant prejudice, it will schedule an oral hearing. Otherwise, the electronic hearing will proceed. Objections to an electronic hearing are not allowed if the only purpose of the hearing is to deal with procedural matters.
After the hearing, the adjudicators will reach a decision based on all of the evidence presented. The adjudicators may communicate their decision on the day of the hearing but sometimes they will make their decision on another day. If you are awarded compensation, a cheque will be mailed to you 30 days after the CICB has sent its Order.
For more information, see the Application and Hearing Process section on the CICB website at sjto.ca/cicb.
Last updated: February 2018