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Defending Yourself or Considering Settlement

Defending Yourself

 

You were served with a Statement of Allegations (Form 3)

  

If you have been served with a Statement of Allegations (Form 3), you should carefully review it to determine whether you agree or disagree with the allegations contained therein. 


If you agree with the Statement of Allegations and do not want to dispute it, you should contact the lawyer for the Financial and Consumer Services Commission, whose name appears on the last page of the Statement of Allegations (Form 3).


If you want to defend or dispute the allegations in the Statement of Allegations, you should file a Defence (Form 5). You can be represented by a lawyer or represent yourself.

 

You were served with a Notice of Preliminary Motion (Form 7) or Notice of Application (Form 4)

 

If you have been served with a Notice of Preliminary Motion (Form 7) or a Notice of Application (Form 4) you can respond by any or all of the following means:


    • by providing evidence by Affidavit (Form 10),
    • by filing a Statement of Position (Form 14), and
    • by attending the hearing and presenting your arguments. 


For more information on responding to a preliminary motion, please see Motion.


For more information on responding to an application, please see Application.


File Your Forms

 

Any document required to be filed under the Rules of Procedure can be filed by any of the following means:


  • Bring it in person to Suite 300-85 Charlotte Street, Saint John, and ask for the Registrar,
  • E-mail it in a Word or PDF format to registrar@fcnbtribunal.ca,
  • Fax it to #506-658-5477,
  • Send it by registered mail or prepaid courier to the Registrar at Suite 300-85 Charlotte Street, Saint John, NB, E2L 2J2, or

After you have filed your Defence (Form 5), the Registrar will return a filed copy of the Defence to all parties or their solicitors. You do not have to serve the Defence.


Considering Settlement


If the Statement of Allegations (Form 3) contains allegations which a respondent agrees are true, the respondent can seek to settle with the Financial and Consumer Services Commission.  By reaching a settlement, a respondent may receive a lesser penalty and will avoid the costs and inconvenience of a full hearing.  Settlement discussions can occur at any time.


Once a Settlement Agreement is signed, the lawyer for the Commission will file a Notice of Application for Approval of a Settlement (Form 13) and request a date for a settlement hearing before the Tribunal.  A settlement has no effect unless and until it is approved by the Tribunal.


At the settlement hearing, the Tribunal panel will consider whether to approve or to reject the Settlement Agreement. If the Tribunal panel approves the settlement, its Order and the Settlement Agreement are made public and posted to the Tribunal's website.


If the Tribunal panel does not approve the settlement, the Settlement Agreement remains confidential and the matter will typically continue to a full hearing where each party presents evidence and brings witnesses.  In addition, the members of the settlement panel cannot be part of a subsequent hearing in the matter, except with the prior consent of the parties to the Settlement Agreement.


Please consult Part 11 of the Rules of Procedure for more details.