2. Prepare your witnesses

You and the Respondent are both allowed to bring witnesses to testify at the hearing.

At least 45 days before your hearing, you and the Respondent must exchange the list of witnesses you each plan to bring to the hearing. The list must include the witness’ name and a brief note on what you think each witness will say at the hearing. If you don’t put someone on the list, then they cannot be a witness at the hearing.

You must also send a copy of your list to the of Ontario (HRTO). You do this using a Statement of Delivery form.

Summons to witnesses

A is a legal order that says a person must attend the hearing. If you want to summons a witness, you can get a summons document from the HRTO. You’re responsible for giving it to the witness.

You do not need to give a summons to every witness. If the witness is happy to attend on their own, they do not need a summons. But if a witness is less willing to attend, or if they need something official to show their employer, you can give them a summons.

If you give a summons, you must also pay the witness $50 per day and give them money for their travel expenses.

Meet with your witnesses

It’s a good idea to meet with your witnesses before the hearing to prepare them. Make sure your witness knows what questions you plan to ask them. Make sure you know what their answers will be.

Witnesses must always tell the truth. You cannot tell a witness what to say. While you’re preparing, if you realize your witness doesn’t know the answers to your questions, then think about replacing that witness or adding another witness who does know.

Preparing together with your witnesses in advance will help you to feel more comfortable with one another during the hearing.

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