Notices to Counsel
Guidance Paper sets out procedures for teleconferences
November 12, 2015
Teleconferences play an important role in resolving claims in the Independent Assessment Process.
Failure by counsel to attend a scheduled teleconference can delay the scheduling of a hearing or the resolution of a claim. Recently the number of postponed teleconferences has increased.
To address this issue, and to move claims forward, the Chief Adjudicator has introduced a Guidance Paper on attending teleconferences.
The Guidance Paper sets out procedures to be followed at teleconferences:
- All participants must receive a notice of the teleconference.
- Claimants who are represented by counsel are not normally expected to attend teleconferences, but are allowed to participate if they choose to.
- Failure by one of the parties to attend a teleconference on the first occasion will result in a postponement.
- If a party fails to attend a re-scheduled teleconference, the adjudicator may impose conditions, including,
- Not allowing any further postponements,
- Requiring that participants confirm their attendance at subsequent teleconferences in writing; and
- Any other conditions that the adjudicator finds reasonable.
Adjudicators have the authority to proceed with a teleconference if counsel fails to attend. If a teleconference proceeds without the participation of one of the parties, the adjudicator will record the teleconference and provide a report on the outcome.
Adjudicators have the authority to dismiss a claim if a participant fails to attend, subject to the procedures for dismissal outlined in the Incomplete File Resolution procedure.