An ethical and somewhat emotional question about a court appearance. Not a legal question.

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Hi all OF members,

I’ve been racking my brain over a very delicate issue. My wife and I are set to appear in an administrative tribunal over a dispute we have with our landlord. Two of the tenants that occupied the other flat in the past, had agreed to testify on our behalf. We had excellent relationships with both our neighbours. Now one of the two is refusing to testify. Their testimony is critical to our case. Although we had planned to compel both via subpoena to testify, the reluctant witness will now be forced to testify.

I’m looking for sound advice as to how to deal with this issue? How do I bring the temperature down and convey the message that it’s for a good cause?

Thanks to all that chime in! 🙏

Faz
 
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This might sound a bit crazy but in Calgary a number of years back a Master's of Philosophy, Yale, was living in Calgary and had a rent-a-philosopher offer, $20 per hour. It was too good to pass up. I could pose dilemnas like yours and get very reasoned responses. Maybe try a reddit thread on philosophy or see if there are dedicated forums?

I once had a very asshol* neighbour, luckily for less than a year. A very good friend of mine dialed down my frustration and anger/anxiety by asking me "what do I want as the outcome?", "what really matters?". I realized there wasn't anything I could do about the jerk and what was important for me was to get on with my life feeling normal. I stopped even thinking about him, couldn't control what he was doing anyways since none of it was illegal.

In the end, you need to do what's right for you. Since it's important enough that you are going to an administrative tribunal because of the issue, and that person's testimony is crucial to your case, do what you gotta do. Neighbours come and go, would you otherwise have remained friends once either of you move out? If not, then all the more reason to just tell them something like 'It's nothing personal, I have to do this for my wife and I." I had a boss tell me "It's nothing personal" when after some years, I wasn't making my numbers at a firm, it was time to do something else. He was right. And it worked out best for me too.
 
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Can you say more about the reason for suddenly not wanting to testify? I think testifying in court is daunting for many
 
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Can you say more about the reason for suddenly not wanting to testify? I think testifying in court is daunting for many
In Canada at least, Administrative Tribunals don't involve the use of courts.

"If you asked most people what they think of when they hear “legal case,” most would probably respond with a courtroom. Indeed, the idea of lawyers arguing their cases before a judge is one of the most common symbols of the legal system.


But, often, cases are settled long before they go to trial. And, in some instances, a case won’t go before a judge at all. Instead, they’ll be heard by an administrative tribunal.


Now, you’re probably wondering: what are administrative tribunals?


Below, we’ll cover everything you need to know about administrative tribunals – a lesser-known but critical part of the Canadian legal system.


What is Administrative Law?​


Unlike most legal cases, which deal with legal issues between individuals and corporations, administrative law deals with legal issues between individuals and government entities.


Administrative law is based on the concept that governments must act fairly. If government actions negatively impact an individual, they will typically (but not always) handle the matter through administrative law processes.


What is an Administrative Tribunal?​


Administrative tribunals make decisions on behalf of Canada’s federal and provincial governments. They are created through government legislation and can make decisions concerning various issues.


Some administrative tribunals handle relatively routine decisions, such as licensing. Others may play a much more hands-on role in decision-making processes and function similarly to a judge.


Examples of Administrative Tribunals​


Some examples of administrative tribunals in Ontario include the following:


  • Alcohol and Gaming Commission: a provincial regulatory agency responsible for regulating alcohol, cannabis, and horse racing. The Alcohol and Gaming Commission licenses and regulates establishments that serve liquor approves rules of gambling play, excludes persons from accessing gaming premises, and much more.
  • Child and Family Services Review Board: a provincial regulatory agency responsible for conducting reviews and hearings on matters affecting children, youth, and families in Ontario.
  • Landlord and Tenant Board: a provincial regulatory agency responsible for resolving disputes between landlords and tenants and handling eviction applications.

Reference source: https://www.tslawyers.ca/blog/administrative-law/what-are-administrative-tribunals/
 
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I asked AI:

"Navigating a situation like this can indeed be tricky, especially when it involves balancing legal needs with personal relationships. Here’s some practical advice on how to approach this delicately and effectively:

First, consider why your former neighbor is reluctant. People often hesitate to testify due to fear of conflict, time constraints, or discomfort with legal settings. If you haven’t already, reach out to them—not to pressure, but to understand. A calm, friendly conversation could reveal their concerns. For example, you might say, “Hey, I noticed you seemed hesitant about testifying. I totally get that this isn’t an easy thing to do—can I ask what’s on your mind?” Listening first builds trust and shows you’re not just steamrolling them.

Next, frame the request in a way that aligns with their values or your past relationship. You mentioned you had an excellent rapport—lean on that. Remind them of the shared history and how their help could make a real difference. Something like, “You know how much we appreciated having you as neighbors. Your perspective could really help us resolve this fairly—it’s about making sure the truth comes out.” Keep it personal but not guilt-trippy; people respond better when they feel respected rather than obligated.

As for the subpoena, it’s a legal tool, but it’s also a last resort that can feel confrontational. If you can avoid forcing their hand, that’s ideal for keeping the temperature down. Let them know you’d rather not go that route unless absolutely necessary. You could say, “We’re trying to avoid dragging anyone into this formally—we’d much rather have you there because you want to help, not because we had to push.” This shows you’re considerate of their feelings while gently nudging them toward cooperation.
If they’re still hesitant, offer reassurance. Address practical worries—travel costs, time off work, or even just nerves about speaking up. Offer to help with logistics or prep them on what to expect so it feels less daunting. Small gestures can shift their mindset from “this is a burden” to “this is doable.”

Finally, keep your cool no matter their response. If they dig in their heels and the subpoena becomes unavoidable, stay polite and professional. A simple, “I’m really sorry it’s come to this—we just couldn’t see another way,” can preserve some goodwill. Tribunals can be stressful, but burning bridges won’t help your case or your peace of mind.
The goal here is to appeal to their sense of fairness and your shared history while keeping things as low-key as possible. Hopefully, they’ll come around willingly—but if not, you’ve still laid the groundwork for a civil outcome. Good luck with the tribunal; I hope it works out for you and your wife."
 
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In addition to all of the above good suggestions by AAAKK, I'll add just this . . .

Sometimes a subpoena can be helpful.

Suppose the landlord has put intense pressure on the other party not to testify or cooperate. A subpoena can provide cover for the other party to testify after all. The party can express to the landlord that they have no legal choice but to cooperate. This approach will not work in many cases, but it does work in a case where a third party would really like to cooperate, but they feel that they can't do so unless there is a welcome appearance of such a requirement.

If the landlord has used the 'carrot' approach as opposed to the 'stick' approach and has paid off the other party in some way, you'll be able to sense this as the possibility of the requested cooperation without being compelled to do so evaporates. You may have a hostile witness in the end if such is the case.

Businesses often initially refuse to cooperate with law enforcement absent a subpoena or court order. The primary reason is that they may be sued for damages by the party who later turns out to be innocent of wrongdoing but whose rights have been violated and where there may be damage. The subpoena provides immunity to the cooperating party. "I was compelled to do it," and law enforcement understands the process.

~ Joe
 
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To those who chimed in on my post. Thank you and thank you. Such thoughtful advice. I managed to turn the ship around thanks to you guys. I juggled elements offered by all of you and brought it home to a positive outcome. I was really stumped on this one. I’m so lucky to be part of an amazing community! ❤️

Faz
 
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Faz Faz
To those who chimed in on my post. Thank you and thank you. Such thoughtful advice. I managed to turn the ship around thanks to you guys. I juggled elements offered by all of you and brought it home to a positive outcome. I was really stumped on this one. I’m so lucky to be part of an amazing community! ❤️

Faz
Congratulations, glad it worked out for you.