By Me Alexandre Sigouin
The final level of contestation of a decision from an administrative organism is the Tribunal administratif du travail (TAT) for industrial accidents and the Tribunal administratif du Québec (TAQ) for car accidents and Retraite Québec. It is your last chance to assert your rights. Do not miss this opportunity!
Unfortunately, people tend to believe that when they are summoned before this Tribunal, it is just another unimportant meeting. This is false!
Many believe that they simply need to explain their story and that common sense will predominate and they’ll have a favourable decision. This is not sufficient!
The Tribunal (TAT or TAQ) is a real tribunal where every party must follow proof and procedure regulations. Each presents their proof one after the other. You can deposit legal documentation and make sure that every party has copies. You might have witnesses that you will have to carefully prepare. Finally, you must plead by presenting convincing arguments.
Thus, especially, do not take this lightly! Your opponent will probably be represented by a specialized lawyer familiar with the applicable laws, rules of practice and jurisprudence as well as knowing how to express himself, making firm arguments and destroying your arguments.
Thus, are you certain that you want to present yourself in front of the Tribunal without more preparation, without being accompanied, without being advised?
When it is time to present ourselves in front of the Tribunal, it is essential to be very well prepared. You must not only master your file as well as the facts, but also present a complete proof that can tip the balance on your side.
This proof can consist of ordinary or expert witnesses, investigation reports, medical documents or any other document that can support your arguments.
Once the proof presented, it is time for plea time. Each party must expose the reasons why the Tribunal must retain their position. At this step, it is often pertinent to submit jurisprudence that is in your favour.
Therefore, do not hesitate to inform yourself before an audience in front of the Tribunal. A lawyer by your side that can manage the proof and the strategy to adopt will highly increase your chances of success. Think about it or, at least, inform yourself!
The Tribunal’s decision that will follow will be submitted to you in writing in the three months following the audience.
In very rare cases, it is possible to ask the review of a Tribunal’s decision. However, the chances of success of this action are very slight. Consequently, we must avoid counting on this.
The information in this newsletter can be of juridical nature, but does not constitute legal advice.