Rule 12 – Rescheduling a Hearing

Legislation:
Section 183 of the Residential Tenancies Act (the RTA)
 
12.1  Where, prior to a hearing, that has not previously been adjourned, all parties to an application agree to having the hearing of the application rescheduled, the Board may cancel and reschedule the hearing.

This Rule deals with rescheduling before a matter has been adjourned.  Before a party makes a rescheduling request to the Board for a hearing not previously adjourned by a Board Member, they must contact the other parties and obtain their consent. The rescheduling request must include confirmation that the consent of the other parties has been obtained. Where the other parties do not agree to the rescheduling, the issue may be raised at the originally scheduled hearing. [See Interpretation Guideline 1, “Adjourning and Rescheduling Hearings” for the Board’s policy on adjournments and additional information about making a request.]

The Board usually cancels and reschedules a hearing where the parties agree, but the Board reserves the right to refuse to do so where the hearing has previously been rescheduled on the consent of the parties.

In any case where the Board reschedules a hearing, the Board may determine the length of time to be allotted to the rescheduled hearing.

12.1.1 Other than in exceptional circumstances, the Board will not grant a request to reschedule a hearing that has previously been adjourned unless the request to reschedule has been filed at least two full business days before the scheduled hearing.

Exceptional circumstances are circumstances relating to matters of an unexpected or urgent nature that may suddenly arise, for example, an unforeseen medical emergency or illness that will not allow the parties sufficient time to file a request to reschedule at least two full business days before the scheduled hearing.

12.1.2  Subject to Rule 12.1.1, where a hearing has previously been adjourned and a request to reschedule the hearing is filed, a Board Member will decide whether to:

(i) grant the rescheduling based solely upon the request;

(ii) deny the rescheduling based solely upon the request;

(iii) issue a direction to require written submissions and grant the rescheduling request or deny the rescheduling request after considering those submissions;

(iv) hold a hearing, either orally or electronically, to determine if the request should be granted or denied; or;

(v) require the parties to attend on the date fixed for the hearing to speak to the request.

In exercising their discretion to grant or deny the rescheduling request on the basis of the written agreement between the parties, a Board Member may consider, among other factors:

(i) whether the request to reschedule was made early enough to allow the Board to consider it without requiring the attendance of the parties; or

(ii) whether the request was made early enough to allow the Board to schedule another matter to be heard in place of the matter that is the subject of the rescheduling request.

The Board may refuse a request even where all the parties agree to the rescheduling. This might be the case where, for example, the request appears to be an attempt to delay the process.

If the request for rescheduling is denied, the Board expects the parties to be prepared to proceed with the hearing.

If the applicant does not attend the hearing, the application may be dismissed.  If the respondent does not attend the hearing the Board may proceed in the respondent’s absence.

12.1.3 In any case where the parties or their representatives request that the Board reschedule a hearing, they must provide the Board with a list of the dates for the three months following the date of the scheduled hearing on which each party or their representatives are not available to proceed if the hearing is rescheduled.

12.1.4 In any case where a rescheduling of the hearing is requested, the parties or their representatives must contact the Board to determine if the rescheduling request has been granted, and, if granted, the date for the rescheduled hearing.

12.2 A party who requests the rescheduling of a hearing must obtain the consent of all other parties, whether or not the notice of hearing and application have been served on the respondent(s).

Although the requestor must obtain the consent of all parties before making the rescheduling request, it is not a requirement that the application and notice of hearing be served before the rescheduling request is made. Where the applicant realizes, before they serve these documents, that they need to reschedule the hearing, the applicant will have to explain to the respondent that they have filed an application against them.

12.3 The Board may reschedule a hearing on its own initiative and the original hearing shall be cancelled.

It may be necessary from time to time for the Board to reschedule a hearing on its own initiative. In such cases, the parties and their representatives will be notified.

Amended: January 4, 2011