RULE 17
ADJOURNMENTS
DatesHearing eventswill take place on the date set unless the Tribunal agrees to an adjournment. Adjournmentswill not be allowed that may preventthe Tribunalfrom completing and disposing ofits proceedings within any applicable prescribed time period.
sent If all of the parties agree, they may makea written request to adjourn a hearing event. The request must include the reasons, a suggested new date, and the written consents ofall parties. However, the Tribunal may require that the parties attend in person or convene an electronic hearing to request an adjournment, evenif 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.
17.2. Requests for Adiournment without ConsentIf a party objects to an adjournmentrequest, the party requesting the adjournmentmustbring a motion at least 15 days before the date setfor the hearing event. If the reason for an adjournmentarises less than 15 days before the date set for the hearing event, the party mustgive notice of the requestto the Tribunal and to the other parties and serve their motion materials as soon as possible.If the Tribunal refuses to considera late request, any motion for adjournment must be madein person,at the beginning of the hearing event.
17.3. EmergenciesTheTribunalwill grant last minute adjournments only for unavoidable emergencies, suchasillnessesso close to the hearing date that another representative or witness cannot be obtained. The Tribunal mustbe informed ofthese emergencies as soonaspossible.
17.4 uponThe Tribunal may,
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(a) grant the request;
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(b) grant the request andfix a new date or, where appropriate, the Tribunalwill schedule a case managementconference on the status of the matter;
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(c) grant a shorter adjournment than requested;
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(d) denythe request,evenif all parties have consented;
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(e) direct that the hearing proceed as scheduledbutwith a different witness, or evidence on another issue;
grant an indefinite adjournment,if the Tribunalfinds no substantial prejudice to the otherparties or to the Tribunals schedule and the Tribunal concludesthe requestis reasonablefor the determination of the issues in dispute. In this case a party must make a request, or the Tribunal on its owninitiative may direct, that the hearing be rescheduled or resumed as the case may be;
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(g) convert the scheduled date to a mediation or case management conference;
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(h) 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
(i) make any other appropriate order.
Consolidated Agenda - Council Meeting July 13, 2020
Page 63 of 402