(a) call and examine witnesses and present evidence and submissions;
(b) conduct cross-examinations of witnesses at the hearing reasonably
required for a full and fair disclosure of all matters relevant to the
issues in the proceeding.
Control of process
25.0.1 A tribunal has the power to determine its own procedures and prac-
tices and may for that purpose,
(a) make orders with respect to the procedures and practices that
apply in any particular proceeding; and
(b) establish rules under section 25.1.
25.1(1) A tribunal may make rules governing the practice and procedure
(2) The rules may be of general or particular application.
 As may be noted, pursuant to s. 10 of the Statutory Powers
Procedure Act, a party to a proceeding may be represented. The
representative may be a lawyer.
 Pursuant to s. 81(1) of the Health Care Consent Act, 1996,
where a person who is or may be incapable with respect to treatment is a party to a proceeding before the Board, he or she
is deemed to have capacity to retain and instruct counsel. Section
Counsel for incapable person
81(1) If a person who is or may be incapable with respect to a treatment,
managing property, admission to a care facility or a personal assistance
service is a party to a proceeding before the Board and does not have legal
(a) the Board may direct Legal Aid Ontario to arrange for legal repre-
sentation to be provided for the person; and
(b) the person shall be deemed to have capacity to retain and instruct
 On procedural consequence of s. 81(1) of the Health Care
Consent Act, 1996, is that a patient or person challenging a finding of incapacity does not require a litigation guardian in order to
retain and instruct counsel. Further, pursuant to s. 81(1) of the
Health Care Consent Act, 1996, notwithstanding whether the person subject to the proceedings is or may be incapable with respect
to treatment, he or she shall be deemed to have capacity to retain