Acts and Regulations

2012-103 - General

Section 35
Disposition versions

Full text
Failure to attend hearing
35(1)If a claimant fails to attend at the hearing, the adjudicator may
(a) dismiss the action of the claimant and permit the defendant to prove the counterclaim, if any, or
(b) adjourn the hearing to a set date.
35(2)If a defendant fails to attend at the hearing, the adjudicator may
(a) dismiss the counterclaim and third party claim, if any, and permit the claimant to prove the claim, or
(b) adjourn the hearing to a set date.
35(3)If a third party fails to attend at the hearing, the adjudicator may
(a) permit the claimant to prove the claim and the defendant to prove the third party claim and the counterclaim, if any, or
(b) adjourn the hearing to a set date.
35(4)If an adjudicator adjourns the hearing under this section, the clerk shall notify all parties of the new hearing date by any means that provides proof of receipt of the notice.
35(5)If a party fails to appear at the resumption of a hearing, the adjudicator shall dismiss the party’s claim, counterclaim or third party claim, as the case may be, and the other parties may proceed to prove their claim, counterclaim or third party claim, as the case may be.
Failure to attend hearing
35(1)If a claimant fails to attend at the hearing, the adjudicator may
(a) dismiss the action of the claimant and permit the defendant to prove the counterclaim, if any, or
(b) adjourn the hearing to a set date.
35(2)If a defendant fails to attend at the hearing, the adjudicator may
(a) dismiss the counterclaim and third party claim, if any, and permit the claimant to prove the claim, or
(b) adjourn the hearing to a set date.
35(3)If a third party fails to attend at the hearing, the adjudicator may
(a) permit the claimant to prove the claim and the defendant to prove the third party claim and the counterclaim, if any, or
(b) adjourn the hearing to a set date.
35(4)If an adjudicator adjourns the hearing under this section, the clerk shall notify all parties of the new hearing date by any means that provides proof of receipt of the notice.
35(5)If a party fails to appear at the resumption of a hearing, the adjudicator shall dismiss the party’s claim, counterclaim or third party claim, as the case may be, and the other parties may proceed to prove their claim, counterclaim or third party claim, as the case may be.