8427. Review of protective orders

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    1. A party who requests a review of a decision made under section 8212 must serve and file, within 30 days of the date of the decision, a notice of request for review and a review record. 

    2. A notice of request for review must contain: 

      1. the date, time and location of the hearing of the request for review, 

      2. the relief sought, 

      3. the grounds for the relief sought, including reference to any IIROC requirements or applicable laws

      4. a list of evidence and other materials relied on, and 

      5. whether it is proposed that the request for review be heard as an oral hearing, electronic hearing or written hearing

    3. A review record must contain: 

      1. the notice of request for review, and 

      2. copies of any additional evidence, including affidavits and other materials relied on. 

    4. Enforcement Staff must file, at least seven days prior to the date of the review hearing, a record that contains the record of the hearing under section 8212, the decision and reasons of the hearing panel, a transcript of the hearing and copies of any documentary or other evidence received by the hearing panel not otherwise contained in the record. 

    5. A responding party may serve and file a reply no later than seven days prior to the date of the review hearing

    6. A reply must contain: 

      1. the order requested by the responding party and a statement of the reasons for the order requested, and 

      2. copies of any additional evidence, including affidavits and other material relied on. 

    7. The parties may serve and file a memorandum of fact and law no later than two days prior to the date of the review hearing

    8. A review hearing must be conducted in the following order: 

      1. the requesting party may present evidence, 

      2. the responding party may present evidence, 

      3. the requesting party may make submissions, 

      4. the responding party may make submissions, and 

      5. the requesting party may reply to the submissions of the responding party

    9. A hearing panel may at any time, on any terms or conditions it considers appropriate, require oral testimony to be adduced at the review hearing on any matter in issue and allow cross-examination on an affidavit. 

    10. At any time prior to a review hearing, a requesting party may bring a motion for a stay of an order made under subsection 8212(4).

    There is no history log for this rule.

    There is no history log for this rule.