You can represent yourself before the Financial and Consumer Services Tribunal. However, you also have the right to hire a lawyer, at your own expense. Currently, the Tribunal does not permit a party to be represented by a non-lawyer.
Finding a Lawyer
The Tribunal cannot assist you in finding a lawyer. The Law Society of New Brunswick can help you find a lawyer. Their website has a lawyer search tool which may help you find a lawyer.
Other Legal Services
If your financial situation does not permit you to retain the services of a lawyer, you may wish to consult the Public Legal Education and Information Service of New Brunswick (PLEIS), which assists the public in identifying and understanding their legal rights and responsibilities, and attaining self-help skills where appropriate to improve their ability to deal with legal issues.
CANLII also provides free access to court judgments, tribunal decisions, statutes and regulations from all Canadian provinces and territories. This website may enable you find similar cases to your own and help you better present your evidence and arguments to the Tribunal.
These definitions are specific to the Financial and Consumer Services Tribunal. These terms may have different meanings in other contexts.
A meeting before the full hearing of all the parties and the panel. The purposes are to simplify the issues, obtain admissions, agree on documents and evidence to facilitate the hearing, estimate the duration of the hearing, and the provision of directions by the panel with respect to the conduct of the hearing.
An amount that the Tribunal orders a party to pay pursuant to subsection 44(1) of the Financial and Consumer Services Commission Act in relation to the fees and expenses incurred by or on behalf of the Financial and Consumer Services Commission regarding an investigation and associated hearing.
Anything which is used to establish a fact, to support an allegation or to support a point of view. Evidence takes many forms, for example, testifying at a hearing, a photograph, a letter, bank records, employment records, or electronic records.
A specialist in a particular field by virtue of education, training, skill, or experience who provides an opinion about an evidence or fact issue within the scope of his expertise. The purpose of the expert witnessesí testimony or report is to provide assistance to the panel members.
Official meeting where you must submit your evidence and your arguments to the panel members of the Tribunal. A hearing can take many forms including an oral hearing, a written hearing, and an electronic hearing.
Proof of service is done by an Affidavit of Service (Form 9). The Affidavit of Service is an Affidavit in which the person having served the document swears that a document was delivered to a person and also indicates the date the document was delivered and the method used to deliver the document.
A Summons to Witness (Form 8) is a form your prepare and provide to the Registrar of the Tribunal for signature and which requires a witness to be present at a hearing of the Tribunal on a certain date. After obtaining the Summons to Witness, you provide it to the witness in accordance with the Rules of Procedure.