Considering an Adjournment at a Hearing
Tribunal Practices and Procedures 4.4(c), “Adjournments” states that if a party requests an adjournment within (1) business day prior to the hearing, the request must be made to the panel at the hearing and may be made notwithstanding that a prior request was not consented to.
The decision on adjournment must then be made by the panel. Panel members should consider overall principles of fairness; keeping in mind that one objective of the legislation is to provide a speedy appeal hearing.
Tribunal Practices and Procedures 4.4(d), "Adjournments" states that at the hearing the Panel Chair may adjourn the hearing at the request of either party or on the Panel Chair's own motion where the Panel Chair determines that an adjournment is required to permit an adequate hearing to be held.
Panels may take into account in exercising their discretion to grant an adjournment request, whether:
- There were previous adjournments
- The request was made at the earliest opportunity
- There are circumstances that could not have been foreseen
- If reasonable efforts were made to avoid the request for adjournment
- If the other party’s interests are prejudiced by the delay
- The need for an adjournment is caused by the party requesting it
- The request relates to a significant aspect of the hearing, such as the unavailability of a witness.
The Tribunal’s general rule is to reschedule the hearing within 15 business days of the adjournment.
Last Updated October 2018