Adjudication Division Rules (SOR/93-47)

Regulations are current to 2013-04-29

JOINDER

  •  (1) The Adjudication Division may order that two or more inquiries be held jointly where the Adjudication Division believes that no injustice is thereby likely to be caused to any party.

  • (2) Subject to subsection (3), inquiries in respect of the legal or de facto spouse, dependant children, father, mother, brothers or sisters of the person concerned shall be held jointly.

  • (3) On application by a party, or on the adjudicator’s own motion at the time of the inquiry, the adjudicator may order that inquiries be held separately, where the adjudicator believes that holding hearings jointly is likely to cause an injustice to any party.

CHANGE OF VENUE

  •  (1) A party may apply in accordance with rule 19 to the Adjudication Division to have a conference or hearing held at a place other than that which has been set.

  • (2) An application made under subrule (1) shall be accompanied by a statement of facts to support the application.

  • (3) The Adjudication Division shall grant the application made under subrule (1) if it is satisfied that doing so will not adversely affect the proper operation of the Adjudication Division, will provide for a full and proper hearing and will dispose of the inquiry expeditiously.

  • (4) Where an application made under subrule (1) is granted, the file relating to the inquiry shall be transferred to the registry of the place where the conference or hearing is to be held.

POSTPONEMENT AND ADJOURNMENT

  •  (1) Before the commencement of a hearing, a party may apply in accordance with rule 19 to the Adjudication Division to have the hearing postponed.

  • (2) Before the resumption of a hearing, a party may apply in accordance with rule 19 to the Adjudication Division to have the hearing adjourned.

  • (3) A party whose application for a postponement or adjournment was denied may reapply orally at the commencement or resumption of the hearing.

  • (4) The Adjudication Division, in determining whether a hearing shall be postponed or adjourned, may take into consideration, where applicable,

    • (a) whether the postponement or adjournment would unreasonably impede the proceeding;

    • (b) the efforts made by the parties to proceed expeditiously;

    • (c) the nature and complexity of the issues relevant to the proceeding;

    • (d) the nature of the evidence to be presented, and the likelihood of causing an injustice to any party by proceeding in the absence of that evidence;

    • (e) counsel’s knowledge of, and experience with, similar proceedings;

    • (f) the amount of time already afforded the parties for preparation of the case;

    • (g) the efforts made by the parties to be present at the hearing;

    • (h) the efforts made by the parties to make an application for a postponement or adjournment of the hearing at the earliest opportunity;

    • (i) the number of, and reasons for, any previous postponements or adjournments;

    • (j) whether the hearing was set peremptorily; and

    • (k) any other relevant facts.