In administrative law, hearing before most administrative tribunals (such as the Landlord and Tenant Board, the Social Benefits Tribunal, and the Human Rights Tribunal, just to name a few,) can take place by telephone if requested by one of the parties. The tribunals generally are willing to grant such a request if a party has a disability that requires accommodation.

Telephone hearings proceed as regular hearings do. After the preliminary issues are dealt with, the witnesses are sworn in to give evidence. After the witness has given evidence, the opposing party has the opportunity to cross-examine the witness to test the accuracy of the testimony given. When the witnesses finish testifying, the parties make submissions to the tribunal before a decision is rendered.

I generally advise against requesting a telephone hearing unless it’s absolutely necessary. For example, it may be reasonable to request a telephone hearing if the disabled person is confined to a bed, while an in-person hearing is preferred if the party in question is able to walk with a cane.

From a lawyer’s perspective, telephone hearings have a few shortcomings.

First and foremost, the adjudicator cannot observe the demeanor of the witnesses. Therefore, credibility is difficult to establish.

Second, there are practical difficulties in presenting evidence. All evidence, be it documents or photographs, would have to be coordinated by the parties in advance. The question of admissibility of certain evidence will likely arise.

Third, in complicated matters, it may be difficult to keep track of the proceeding while excluding witnesses from hearing other witnesses’ testimony.

Fourth, participants calling from their cellular phones create static noise, which can greatly frustrate the progress of the hearings. Calls from cellular phones can even drop unexpectedly, causing undue delays of the hearing.

Therefore, if you can make it to the tribunal, it’s best to participate in person.