Adjournments to Consider Additional Evidence
If additional supporting evidence is introduced at an appeal that has not previously been seen by the other party, fairness will require that the other party has an opportunity to review the additional evidence and has an opportunity to respond to it.
It may be necessary to grant the other party a brief recess to review the evidence. Where the evidence is very complex or voluminous, the hearing may need to be adjourned to allow the other party a fair opportunity to assess the evidence and respond.
The expectation is that each party should be prepared to respond to any legal argument raised by the other party that relates to the evidence in the appeal record; however, the panel will need to evaluate the circumstances of each case. When making a determination, fairness should always be applied.
It is the panel’s responsibility to determine whether to grant an adjournment when the request for an adjournment is received at the hearing. The Panel Chair will inform the Appeal Coordinator of the adjournment and the Tribunal will reschedule another hearing within 15 business days of the adjourned date.
Last Updated January 2013