Practice Note #15 –
Request for Adjournment or Postponement of a Hearing
Practice Note #15 – Request for Adjournment or Postponement of a Hearing PDF (149KB)
1. Purpose
The purpose of this Practice Note is to set out the procedures for requesting an adjournment or postponement of a hearing.
2. Background
The adjournment or postponement of a hearing may be requested by a party for several reasons, particularly for being unable to attend the hearing due to unforeseen or extenuating circumstances. The parties should not expect the Tribunal to systematically grant adjournments or postponements.
3. Statement
The Tribunal expects the parties to do their utmost to be present at the hearing on the date set out in the hearing notice. When a party does not appear at the hearing, the Tribunal may hold the hearing in that party’s absence, in an ex parte manner, and thereby allow or dismiss the request for review.
The party that wishes to request an adjournment or postponement of the hearing must do so in a letter to the Tribunal at least eight days before the scheduled hearing date. The letter must include the following information:
- The case number and parties involved;
- The currently scheduled hearing date;
- The reason(s) for the request for postponement or adjournment;
- Whether there has been a previous postponement or adjournment in the case; and
- At least two new proposed hearing dates.
When the request for adjournment or postponement is submitted, the Tribunal provides the parties with the opportunity to present arguments on their positions regarding the request. After considering the parties’ arguments, the Tribunal renders an order ruling on the request for adjournment or postponement.
When the request for adjournment or postponement is not allowed, the parties must attend on the scheduled hearing date to present their respective cases.
4. Approval
Practice Note #15 is approved by the Tribunal’s Chairperson on September 28th, 2020.
Luc Bélanger
Chairperson
Canada Agricultural Review Tribunal