Step 5: Prepare for your hearing

Virtual hearings

If your hearing is virtual, consult Hearings at the IRB ​to learn more. You will find guides that explain the technical requirements and give you instructions and tips on what to do or not do during your hearing.​

Witnesses

Witnesses can be helpful to your case. Their testimony should focus on what you need to prove to win your appeal. ​Anyone who testifies at the hearing (including you) must be listed as a witness. Complete and send us your​ ​list of witnesses form ​no later than 30 days​ before the hearing. It helps the IAD to plan your hearing by telling us:

  • the name of each witness
  • your relationship to the witness
  • how long the testimony will take for each witness
  • whether the witness will need an interpreter, and in what language or dialect

You must send this information to both the Minister’s Counsel and the IAD.​

Expert witnesses

If your witness is an expert, such as a doctor, they must write and sign a report. They must send the report no later than 30 days before the hearing. The report must be in either French or English. It must go to both the IAD and the Minister’s counsel.

In the report, the expert witness should give their qualifications. They should summarize the evidence they will give at the hearing. If the expert charges a fee for the report or for attending the hearing, you have to pay.

Summoning a witness

If you want to make sure a witness appears at your hearing, and your witness is in Canada, you can ask the IAD to issue a summons. This document directs the person to appear as a witness at the hearing. That means that they must attend. You are responsible for giving the summons to the person you want to appear. You have to offer to pay them witness fees and travel expenses.