Notices to Counsel
Claimant Substitution Policy
January 6, 2014
The IAP Oversight Committee has approved a policy on claimant hearing substitutions, a process where cancelled or postponed hearing dates might be used by another claimant. This policy will help preserve claimantsâ€™ testimony, reduce the number of lost hearing dates, and reduce the likelihood of an adjudicator directing claimant counsel to pay costs associated with a postponement or cancellation. Substitutions can be made provided it is still two weeks or more before the hearing.
The Process â€“ Step 1
When Claimantâ€™s Counsel requests a postponement or cancellation, you may also propose an alternate claimant for the existing hearing date and location, provided certain criteria are met. The request should include a completed hearing logistics form http://www.iap-pei.ca/media/information/publication/pdf/forms/form-logisti-2013-03-15-eng.pdf.
Criteria for proposed substitution claimants:
- Case is in the Standard track, is hearing ready and not already scheduled for a hearing;
- Case is represented by the same law firm;
- Claimant has no Adjudicator gender preference, or their preference matches the gender of the scheduled Adjudicator;
- Your firm is able to receive the Evidentiary Package through the Secretariatâ€™s Electronic Document Interchange (EDI) system;
- No Interpreter is required, or you have made arrangements for an interpreter that is approved by and will be paid directly by the Secretariat;
- There are no flights or other complex travel requirements, or Claimant Counsel is willing to make travel arrangements subject to pre-approval by the Secretariat.
The Process â€“ Step 2
If the postponement or cancellation is approved by the adjudicator, the Secretariat will assess the substitution request. If the request meets the criteria and can be accommodated, the Secretariat will notify all parties of the new claimant hearing, and notify you if we are able to make the travel arrangements or if you will make the arrangements.
If the request cannot be accommodated, the Secretariat will advise you why.
The Process â€“ Step 3
If you are making the travel arrangements, first submit the travel plan including costs for all travelers to the Secretariat at IAPSHearingMgmtSec@irsad-sapi.gc.ca. Please allow at least one business day for a response. Do not make any travel arrangements for the new claimant until the substitution is approved.
If the Secretariat is making the travel arrangements, the arrangements will be made and communicated to you in the usual fashion.
The Process â€“ Step 4
After the hearing, submit the expense claims to the Secretariat in the usual manner.
January 6, 2014