An application by Notice of Motion for an order, decision or determination of the Board (Expropriation Act Rules of Procedure and Practice, Rule 10).
Other applications that require a decision or order of the Board may be commenced by filing an Application by Notice of Motion.
Examples of these applications include requests for the Board to:
- determine a proposed payment (Expropriation Act, section 34)
- determine costs where compensation has been settled (Expropriation Act, section 39)
- direct that compensation be paid into Court (Expropriation Act, section 40)
- terminate an interest acquired (Expropriation Act, section 70)
After an Application for Determination of Compensation has been filed, applications to deal with other matters must be initiated by filing an Application by Notice of Motion. Some examples are:
- interim applications
- applications to decide procedural issues
- applications to decide items after the compensation hearing
Prior to filing a Notice of Motion, parties are encouraged to contact the Board to schedule a Pre-Hearing Dispute Resolution Conference (DRC). At the DRC, parties may discuss procedure, define issues, and address any additional items.
At all times, parties are encouraged to discuss the content and logistics of the Notice of Motion with the opposing party.
If the matter is not resolved at the DRC, a hearing may be scheduled. The hearing may be conducted in person or through written submissions.
Filing a Notice of Motion
The requirements for a Notice of Motion are outlined in Rule 10 of the Expropriation Act Rules of Procedure and Practice. Parties must file a Notice of Motion with the Board that clearly outlines the disputed issues and the remedies the applicant is seeking.
A Notice of Motion does not have a specific legislated format, but it should include the:
- related ADC file number (if applicable)
- full names of the applicant(s) and the respondent(s)
- description of the issues to be decided
- relief requested
- legal basis for the request, including legislative references and any specific case law
- proposed deadlines agreed to by the parties for filing evidence and submissions
During the hearing
Notice of Motion hearings are usually held in person, but may be conducted by written submissions.
The Panel conducting a Notice of Motion hearing has discretion on how the hearing will be conducted and may make any direction necessary to ensure the hearing proceeds fairly. Notice of Motion hearings that do not include oral testimony usually proceed as follows:
- the party bringing the Notice of Motion (Applicant) presents its evidence and arguments
- the party responding (Respondent) asks questions of the Applicant
- the Panel asks questions of the Applicant
- the Respondent presents its evidence and arguments
- the Applicant asks questions of the Respondent
- the Panel asks questions of the Respondent
- the Applicant presents its rebuttal evidence and argument, if any
- the Respondent and Panel ask questions of the Applicant, if necessary
When a Notice of Motion hearing includes witnesses, the common procedure is similar to that of a full compensation hearing.
The Board will issue its decision in the form of a written order to the parties.