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Notice to the Community

SUMMONS TO WITNESS


A summons to witness (or subpoena) is a legal document that orders a person to attend a Board proceeding, sometimes requiring the person to bring specific documents to the hearing.

A summons is issued in blank by the Board (affixed with the Board seal, and the signature of a Board Vice-Chair). Parties are expected to complete the summons by filling in the person's name and the date and time of the hearing before serving it on the individual whose attendance they are requiring. If documents are being subpoenaed, a descriptive list should be attached to the summons.

A summons is valid only if it is served personally with the required attendance money. The Board prefers that attendance money be presented in cash. The Board uses the same summons rates for attendance and travel as set out in the Rules of Civil Procedure (see below).

A summons should be served with reasonable time to allow the individual served to be able to arrange his or her affairs to attend the hearing.

If a summons is served incorrectly, or without the required attendance money, it may be invalid. The Board may proceed with the hearing without the person's attendance, or the matter may be adjourned to allow for proper service.

It is in the interest of the parties and the Board to have a summons served properly.

Summonses to Witness are available from the Board's reception at 416-326-7500 (toll free at 1-877-339-3338)

SUMMONS TO WITNESS (SERVICE AND PAYMENT)


Statutory Powers Procedure Act, R.S.O. 1990, c.S. 22, s.12 (1) - (3.1)

	12.-(1)  A tribunal may require any person, including a party, by 
	summons,
		(a)	to give evidence on oath or affirmation at an oral or 
			electronic hearing; and
		(b)	to produce in evidence at an oral or electronic hearing 
			documents and things specified by the tribunal,
	relevant to the subject-matter of the proceeding and admissible at an 
	oral or electronic hearing.

	(2)	A summons issued under subsection (1) shall be in the prescribed form
	(in English or French) and,
		(a)	where the tribunal consists of one person, shall be signed by 
			him or her;
		(b)	where the tribunal consists of more than one person, shall be 
			signed by the chair of the tribunal or in such other manner as 
			documents on behalf of the tribunal may be signed under the 
			statute constituting the tribunal.

	(3)	The summons shall be served personally on the person 
		summoned.

	(3.1)	The person summoned is entitled to receive the same fees or 
		allowances for attending at or otherwise participating in the 
		hearing as are paid to a person summoned to attend before the 
		Superior Court of Justice.

Rules of Civil Procedure, Tariff A, Item 21:

	Attendance money actually paid to a witness who is entitled to 
	attendance money, to be calculated as follows:

	1.	Attendance allowance for each day of necessary attendance ...................	$50.00

	2.	Travel allowance, where the hearing or examination is held,

		(a)	in a city or town in which the witness resides, $3.00 for each 
			day of necessary attendance;

		(b)	within 300 kilometres of where the witness resides, 24¢ a 
			kilometre each way between his or her residence and the 
			place of hearing or examination;

		(c)	more than 300 kilometres from where the witness resides, 
			the minimum return air fare plus 24¢ a kilometre each way 
			from his or her residence to the airport and from the airport 
			to the place of hearing or examination. 

	3.	Overnight accommodation and meal allowance, where the 
		witness resides elsewhere than the place of hearing or 
		examination and is required to 
		remain overnight, for each overnight stay ...................................	$75.00



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Ontario Labour Relations Board
505 University Avenue, 2nd Floor
Toronto, Ontario M5G 2P1
(416) 326-7500