Saturday, October 13, 2007

Tribunals and tribulations

Yesterday was a major pain in the neck. I was asked to appear before a tribunal regarding two of the tenants in the building that I live in. Now, for the sake of legality, I cannot name names. For the sake of ethics, I will try to be fair to all parties.
The hearings started at ten in the morning, so I had to get up earlier than usual to be there in time. As most of my friends know, I am not what could be termed a morning person. What I did not know was that this was a general hearing, meaning that more than one case was going to be heard. Neither of the ones I was being asked to testify to were even started until after noon. Have you ever heard the phrase "hurry up and wait?"
Well, the first case went up, and as witness for the landlord, I was asked to wait in the lobby, so as not to prejudice the case to follow. At least, I think that was the reason. Anyhow, I am sitting out there with the other witnesses, and the tenant involved in the second case is ranting and raving about how nobody is going to mess with her, and she will settle anyone who went against her!
I was never called in the first case, so I don't know more than that the Chair found in favour of the tenant. She came out jumping up and down, "I won, I won, I won!" She then proceeded to stick her tongue out at anyone in her vicinity.
The next tenant seemed to assume that this implied an easy victory for her. What she forgot to consider is that the best way to win a legal case is to keep your mouth shut and let evidence and witnesses speak for you.
This tenant would not let the Chair ask his questions, would not answer questions put to her directly, and would interrupt at every opportunity. When that tactic failed, she simply added whining to the strategy.
I said that I would be fair. In this case, that means telling you what I saw of the landlord's case and how it was presented.
Now, bear in mind, I only have a couple of years of university level law to go by, but I think the lawyer did not handle the case properly.
First of all, they went in there with hearsay accusations, complaints written about the tenant, but without witnesses to bear them up. As well, those written complaints were never disclosed to the tenant. The first rule of legal procedure is that both sides see all of the evidence to be presented ahead of time, so that they can provide evidence to refute that evidence. So most of the allegations of wrong-doing by the tenant were summarily dismissed.
Next, there was not proper provision for witnesses of credibility. By this, I mean that the police officers were not summoned to testify. Rather, they were summoned, but at such a late date that the summons was not served in time.
The Chair, for his part, made more than his share of blunders in all of this as well. He would switch from one matter to another, so that neither side of the argument knew which document to look at for any given testimony. He also seemed biased toward documents over witnesses (which is correct, for the most part) to the point of being unreasonable. He would demand documents to back up witness testimony before hearing that testimony.
As I said, the tenant did not seem to grasp that she was not to speak without being recognized by the chair. He was getting so upset with her behaviour, the lawyer's less than stellar evidence preparation and the hearsay nature of the case, that he couldn't work a straight line, even if he were so inclined. Several times, he lost his temper and had to cool down for a moment and try to find his place.
The upshot of all of this is that, while it was all a case of hearsay and testimony by both sides, with no documentation, he was able to make a decision. Her behaviour before the tribunal was such that he could understand the landlord's request to terminate the lease on the grounds that the tenant was a disruption to others and possibly a danger to people and property. He cautioned that if the landlord ever came before him again, he should have the evidence straight and laid out precisely.
I never had to testify. Before they could even get to the point where I had moved into the building, the Chair had made his decision. I spent six hours of my day sitting around listening to posturing, whining and people generally losing their tempers.
The lesson here is the one they drilled into me in my first year law classes. Be prepared when going to court. Be courteous, especially to the officials and your opponent. Most importantly, keep your mouth closed until you are asked to speak, and then, keep it brief.

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