Mr. William Prasifka:

The decision to hold an oral hearing is entirely for the ombudsman. We decide whether an oral hearing is to occur. Occasionally some complainants have said they do not wish for an oral hearing. One complainant said he would drop the case. Some complainants are unable to attend because of illness and in those cases we need to act appropriately and take that into account at all points trying to deal with the situation as fairly as we possibly can. We have had cases where the complainant has come to an oral hearing completely unprepared and at sea and intimidated by the situation. In such a case, as the ombudsman, I must take a more proactive role in terms of cross-examining witnesses from the provider and assisting the complainant in bringing out the relevant evidence. We are accessible but at the same time we must be fair in adjudication.