13Witness not required to attend hearing

13 Witness not required to attend hearing

(1)  Subject to regulation 16, a witness is not required to attend a hearing of the Tribunal if –

(a) the party calling the witness serves an affidavit of the witness or, in the case of an expert witness, a proof of evidence, on the other parties not less than 10 business days before the date fixed for the hearing; and

(b) within 5 business days after the affidavit or proof of evidence is served, another party has not objected to the use of the affidavit or proof of evidence at the hearing.

(2)  An objection under subregulation (1)(b) is to be –

(a) in writing; and

(b) served on the other parties.

(3)  An affidavit or proof of evidence served under subregulation (1) is receivable at the hearing if an objection has not been made under subregulation (1)(b) .