RULE 17

ADJOURNMENTS

17.1 Hearing Dates Fixed Hearing events will take place on the date set unless the Tribunal agrees to an adjournment. Adjournments will not be allowed that may prevent the Tribunalfrom completing and disposing of its proceedings within any applicable prescribed time period.

17.2 Requests for Adjournment if All Parties Consent If all of the parties agree, they may make a written request to adjourn a hearing event. The request must include the reasons, a suggested new date, and the written consents of all parties. However, the Tribunal may require that the parties attend in person or convene an electronic hearing to request an adjournment, even if all of the parties consent. The consenting parties are expected to present submissions to the Tribunal on the application of any prescribed time period to dispose of the proceeding.

17.3 Requests for Adjournment without Consent If a party objects to an adjournment request, the party requesting the adjournment must bring a motion at least 15 days before the date set for the hearing event. If the reason for an adjournment arises less than 15 days before the date set for the hearing event, the party must give notice of the request to the Tribunal and to the other parties and serve their motion materials as soon as possible. If the Tribunalrefuses to consider a late request, any motion for adjournment must be made in person, at the beginning of the hearing event.

17.4 Emergencies Only The Tribunal will grant last minute adjournments only for unavoidable emergencies, such as illnesses so close to the hearing date that another representative or witness cannot be obtained. The Tribunal must be informed of these emergencies as soon as possible.

17.5 Powers of the Tribunal upon Adjournment Request The Tribunal may,

  1. grant the request;

  2. grant the request and fix a new date or, where appropriate, the Tribunal will schedule a case management conference on the status of the matter;

  1. grant a shorter adjournment than requested;

  2. deny the request, even if all parties have consented;

  3. direct that the hearing proceed as scheduled but with a different witness, or evidence on another issue;

  4. grant an indefinite adjournment, if the Tribunal finds no substantial prejudice to the other parties or to the Tribunal’s schedule and the Tribunal concludes the request is reasonable for the determination of the issues in dispute. In this case a party must make a request, or the Tribunal on its own initiative may direct, that the hearing be rescheduled or resumed as the case may be;

  5. convert the scheduled date to a mediation or case management conference;

  6. issue a Notice of Postponement, in the event the proceeding is an appeal of a Planning Act matter subject to O. Reg. 102/18 under LPATA; or

  7. make any other appropriate order.