[
    {
        "role": "user",
        "content": "under%20the%20rules%20of%20the%20Human%20Rights%20Tribunal%20of%20Ontario%2C%20what%20is%20a%20witness%20brief%20that%20a%20party%20must%20deliver%20before%20a%20hearing%2C%20and%20what%20does%20it%20include%3F%20set%20out%20the%20text%20of%20the%20relevant%20rules%20or%20directives%20from%20the%20Tribunal."
    },
    {
        "role": "assistant",
        "content": "Here\u2019s how the Human Rights Tribunal of Ontario (HRTO) defines what a \u201cwitness brief\u201d (often called a witness list plus brief summary / \u201cwill-say statement\u201d) is, what it must contain under HRTO Rule 17, and the relevant text of that rule and related practice guidance.  \n\n---\n\n## What is a witness brief under HRTO rules\n\nA \u201cwitness brief\u201d in HRTO proceedings refers to:\n\n- A **witness list**: the names of all non-expert and expert witnesses a party intends to call at the hearing.\n- **Brief statements summarizing** what each witness is expected to say (sometimes called \u201cwill-say statements\u201d).\n- For expert witnesses, additional materials: their written report or summary of evidence, and a curriculum vitae (r\u00e9sum\u00e9) showing their qualifications.\n\nThese are required to be delivered to the other parties and filed with the Tribunal by a specified deadline\u2014unless the Tribunal orders otherwise. The purpose is to allow all parties to know in advance who will testify, and what evidence (facts or opinions) will be presented, to ensure fairness and avoid surprises at hearing. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/HRTO-Rules_of_Procedure.html?utm_source=openai))\n\n---\n\n## What a witness brief must include\n\nAccording to HRTO Rules and Practice Documents, the witness brief must include:\n\n1. For **every witness** (non-expert or expert):\n   - The **name** of the witness. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/HRTO-Rules_of_Procedure.html?utm_source=openai))  \n   - A **brief statement summarizing the expected evidence** of that witness\u2014that is, what the witness is expected to testify about, what facts or issues they will address. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/HRTO-Rules_of_Procedure.html?utm_source=openai))  \n\n2. Additionally, for **expert witnesses**:\n   - A copy of the expert\u2019s written report or a full summary of the proposed evidence. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/HRTO-Rules_of_Procedure.html?utm_source=openai))  \n   - The expert\u2019s curriculum vitae, showing qualifications. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/HRTO-Rules_of_Procedure.html?utm_source=openai))  \n\n3. Delivery / Filing:\n   - The witness list (with the names and summaries as noted) must be delivered to every other party. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/HRTO-Rules_of_Procedure.html?utm_source=openai))  \n   - The same materials (witness list, summaries, expert reports and CVs if applicable) must be **filed with the HRTO** by the deadline. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/HRTO-Rules_of_Procedure.html?utm_source=openai))  \n   - Along with a **Statement of Delivery** (Form 23) confirming the materials were delivered to the other parties. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/Guides/HRTO-Guide_to_Preparing_for_a_Hearing.html?utm_source=openai))  \n\n4. Consequences of non-compliance:\n   - A **witness whose name and summary** of evidence were *not* included in that list and filed/delivered properly may not be allowed to testify, except with the Tribunal\u2019s permission. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/HRTO-Rules_of_Procedure.html?utm_source=openai))  \n   - Likewise, an expert witness whose report/summaries or CV have not been provided may not be permitted to be called, unless the Tribunal grants permission. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/HRTO-Rules_of_Procedure.html?utm_source=openai))  \n\n---\n\n## Relevant rule text\n\nHere are the key excerpts from **Rule 17 \u2013 Disclosure of Witnesses** of the HRTO Rules of Procedure (revised August 17, 2026), together with related provisions:  \n\n---\n\n**Rule 17 \u2014 Disclosure of Witnesses**  \n(Effective August 17, 2026) ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/HRTO-Rules_of_Procedure.html?utm_source=openai))\n\n> 17.1 Unless otherwise ordered by the Tribunal, *not later than 45 days prior to the first scheduled day of hearing*, each party must **deliver a witness list to every other party and file it with the Tribunal**, along with a Statement of Delivery. The witness list must include the name of every witness, including expert witnesses, the party intends to present to the Tribunal.\n\n> 17.2 The witness list must include a **brief statement summarizing each witness\u2019 expected evidence**.\n\n> 17.3 A copy of an expert witness\u2019 written report, or full summary of proposed evidence, and curriculum vitae must accompany the witness list.\n\n> 17.4 No party may present a witness whose name and summary of evidence was not included in a witness list and delivered and filed in accordance with Rules 17.1 and 17.2 or present an expert witness if material has not been delivered and filed in accordance with Rule 17.3, except with the permission of the Tribunal.\n\n---\n\nThese are supplemented by the HRTO\u2019s *Guide to Preparing for a Hearing* and \u201cApplication and Hearing Process\u201d guidance, which restate and explain these rules in user-friendly form. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/Guides/HRTO-Guide_to_Preparing_for_a_Hearing.html?utm_source=openai))\n\n---\n\n## Timeline / Deadlines\n\n- The deadline is **45 days before the first scheduled hearing day**, unless the Tribunal orders a different timeline. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/HRTO-Rules_of_Procedure.html?utm_source=openai))  \n- At that time, the party must deliver to other parties:\n  - Witness list + brief summaries of expected evidence from each witness,\n  - Case summaries,\n  - Document list and copies (or documents already disclosed). ([tribunalsontario.ca](https://tribunalsontario.ca/hrto/application-and-hearing-process/?utm_source=openai))  \n- And file all the above with the HRTO, plus a Statement of Delivery. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/Guides/HRTO-Guide_to_Preparing_for_a_Hearing.html?utm_source=openai))  \n\n---\n\nIf you like, I can send you a sample template of a witness brief or summary to show how these elements are put together in practice. Do you want that?"
    }
]