FAILURE OF HEARINGS TO PROCEED
VISUAL - HEARING POSTPONEMENTS

  1. Hearing scheduling
    1. Once a case becomes hearing ready, the Scheduler determines a hearing date based on the availability of the parties and adjudicators as well as taking into account whether hearings can be booked into blocks by location.
    2. If counsel have lost contact with their client, counsel should inform the Secretariat before the case moves to scheduling.
  2. Rescheduling window
    1. The rescheduling window is a set amount of time during which any party may request that the hearing date be rescheduled. This window begins when the Scheduler issues the Hearing Set Notification (HSN) and ends ten weeks prior to the date of hearing. If the hearing is set less than ten weeks in advance of the date, the rescheduling window will begin when the HSN is issued and end ten days later.
    2. Rescheduling requests during the rescheduling window are sent directly to the Adjudicator as well as all hearing participants, the Registry Officer and the Scheduler.
    3. The requestor need not provide a reason for the request.
  3. Application to adjudicator for postponment
    1. After the rescheduling window closes, any party who wants to postpone the hearing must apply to the Adjudicator and cc the Registry Officer, all hearing participants and the Scheduler.
    2. All requests must be made in writing, provide a specific reason and any supporting documentation, and be copied to the parties as well as the Registry Officer.
    3. The Adjudicator may require submissions on the request from all parties in writing or by teleconference, and for this purpose may hear directly from the claimant even if represented.
    4. In determining whether to grant a postponement, the Adjudicator will apply the criteria in set out in Annex A.
    5. The Adjudicator will issue an order by email to all hearing participants indicating, with reasons, whether the request for postponement or cancellation has been approved.
  4. Consequences for non-attendance
    1. If one or more of the hearing participants fails to attend the hearing, the adjudicator will issue an order indicating how the case will proceed.
    2. The possible orders are outlined in Annex B.
    3. The parties retain the normal rights of review of decisions under Schedule D, and of legal fee reviews under the Implementation Orders.
  5. Hearing takes place
    The principal goal of these procedures is for hearings to take place as scheduled, wherever possible. Honouring a scheduled hearing date is respectful towards all parties, especially claimants.