Fraser spent the majority of her career in Saskatchewan, where she trained lawyers and
adjudicators hearing the testimony of Aboriginal students who were abused at residential schools.
A recent Federal Court decision that addressed allegations of bias by
an adjudicator hearing a case under the unjust dismissal provisions of the Canada Labour Code provides more comfort to adjudicators who engage in med - arb.
Not exact matches
At Zhang's
hearing, IRB
adjudicator Leonard Favreau ruled Zhang joined a church in Canada to support a fraudulent refugee claim because Zhang only knew the names of two of Jesus» apostles, two of the gospels, and one prayer — the Lord's Prayer, which he recited incorrectly.
We
heard about the new supermarket
adjudicator appointed under the UK's mandatory supermarket code of conduct, and how she intended to exercise her powers, including by the imposition of «punitive fines» based on a percentage of turnover in the event of repeated abuses of market power down the supply chain by the supermarket majors.
Employers should also factor in additional costs for their unemployment insurance rates going up, time spent on fact - finding interviews from
adjudicators, potential
hearings and a backlogged appeals process.
Parents» appeals over school places are
heard initially by panels at local level, but can be referred on to the schools
adjudicator.
Rosalind Cottingham recalls how one landlord got a stern lecture from an LTB
adjudicator after complaining that she was losing wages in order to appear at the
hearing.
But when we
heard the
adjudicator had found in our favour, I burst into tears.
For those who are unfamiliar, a Master is an
adjudicator who is permitted to
hear certain proceedings and make certain Orders.
With an oral IRP
hearing you can gauge the understanding of the
adjudicator when you're explaining complex points in law.
This doesn't mean that
adjudicators can not be firm and provide direction in managing the
hearing process.
Different perspectives on
hearing management are invaluable, as
adjudicators search for a style that fits their personality.
Tribunal staff or
adjudicators may pick up clues of literacy issues in reviewing the file prior to the
hearing, assuming that the documents provided by the party were prepared by him or her.
so LAT
adjudicator stated — at the FINAL
hearing: «Tarion does not wish to give up their tactical advantage...» «Tarion must be given a chance to present evidence and submissions.»
In addition to providing an overview of new accident benefits arbitration process under the License Appeal Tribunal (LAT), which came into effect on April 1, 2016, Michelle will share valuable anecdotal discussion of what counsel have experienced so far on both sides, such as evidentiary and production issues at the case conference stage and before a
hearing, what evidence
adjudicators are looking for or emphasizing, the format of the
hearing (written, oral, hybrid), witness issues, etc..
Alberta has launched a pilot program to take traffic offenses out of court, to be
heard by an independent
adjudicator (though that program still requires an appearance in person, rather than online adjudication).
Actual words of LAT
adjudicators: «The Supreme Court of Canada Pintea v Johns is irrelevant» (LAT ordered Tarion and BUILDER to comply with rules and provide evidence and submissions — BEFORE the FINAL
hearing) Of course they did not.)
The court held that the evidence before the
adjudicator gave some justification for the conclusion that operations by Iraqi and Iranian agents were likely to be continuing at the time of the
hearing, and that the tribunal erred in concluding otherwise.
If the
adjudicator has not asked about any accommodation needs of the parties, the opening statement can be used to alert the
adjudicator to any accommodations that might be needed in the
hearing, such as witness availability and any time constraints.
It held that the appropriate course was to return the case for a
hearing de novo by a new
adjudicator.
An
adjudicator should start with introducing his or herself and explaining their role in the
hearing.
The secondary audience for the
adjudicator may be those in attendance at the
hearing.
The
adjudicator should clearly identify who the parties are and the purpose of the
hearing.
Like excuses for not doing homework every
adjudicator has seen a variety of requests for a postponement or adjournment of a
hearing.
A
hearing is more like a road trip with multiple drivers and a conductor (the
adjudicator) who can order a change in direction.
The opening statement of the
adjudicator and of the parties at the beginning of a
hearing is that first impression and will often set the tone for the entire proceeding.
Assuming a duty of fairness was owed by the
adjudicator, the appeal court found that the lawyer must have known that the reasonableness of his accounts and his explanations for them would be a central issue in the taxation
hearing.
If so, the Commission may recommend that a
hearing be held where an
adjudicator can award damages or other remedies if discrimination is proven.
An SRA
adjudicator found that Simranjit Singh, who was employed in Irwin Mitchell's Sheffield office, fabricated two emails and a faxed document, provided incorrect information to clients about settlement of their cases, failed to inform clients and a defendant about offers to settle the claims, and failed to notify the court a
hearing was not needed, resulting in a wasted costs order.
I and other
adjudicators that I know will offer med - arb at the beginning of most
hearings and tell the parties that it is the general practice to offer it in all proceedings (message: this is a routine suggestion and not because I have formed an opinion on this case).
It is also important to take a short break after a failed mediation and reconvene in the
hearing room with an opening statement by the
adjudicator.
As to
hearing details you shouldn't be
hearing as an
adjudicator, proponents of the med - arb process argue judges do it, too — they sometimes listen to evidence they later choose to exclude.
If the
adjudicator conducts the settlement meeting and the complaint is not resolved, that
adjudicator will not
hear the complaint without the written consent of the parties.
If you think that the
adjudicator failed to consider important evidence that your lawyer presented at the
hearing, you may now have a remedy in BC Supreme Court.
The Justice of the Peace
adjudicator who
heard one case decided that the fees were not illegal and ordered one of the workers to pay.
The matter was returned for a new
hearing, and the
adjudicator was ordered to grapple with the conflicting evidence.
A fair
hearing requires an impartial, independent
adjudicator.
Our lawyers have built an excellent reputation with judges,
adjudicators and
hearing officers.
A justice of the peace (an experienced lawyer), who can also be called an
adjudicator, will
hear your case in a one - hour simplified trial.
Disputes are first discussed at a case conference, and if that doesn't result in a settlement, then there is a
hearing led by an independent
adjudicator, who will make a decision that must be followed.
The former employee relied on the following grounds in his judicial review: bias of the
adjudicator; fairness of the
hearing; appropriateness of deciding the matter solely on the basis of abuse of process, and; whether the matter of genuineness of the emails was properly determined.
... The
Adjudicator's use of allegory and frank opinion regarding the Applicant's chances of success were clearly directed at assisting the Applicant to understand that a realistic risk existed in taking the complaint to
hearing.
In my view, it is the
adjudicator that sets the tone for a
hearing.
However, in my opinion, the Appeals Commission
adjudicators are sufficiently experienced and skilled so that the fact that a party is self - represented does not impact the provision of a fair
hearing.
The business case for civility by the
adjudicator is clear — crossing the line can result in a finding of apprehension of bias and a repeat of a
hearing (with a different
adjudicator).
After a mixed written and teleconference
hearing, the
Adjudicator ruled in the insurer's favour on both issues.
As a result,
Adjudicator Pay determined that the issue was within the Tribunal's jurisdiction, and that the Applicant could proceed to a
hearing to dispute the Insurer's denial of non-earner benefits.
Immunity of regulatory bodies,
adjudicators, and witnesses involved in disciplinary
hearings: Deep v. College of Physicians and Surgeons of Ontario, 2010 ONSC 5248 (September 23, 2010), appeal dismissed 2011 ONCA 196.
The issue of a perceived conflict is generally raised at the beginning of a
hearing by either the
adjudicator or one of the parties.
The commission and the
adjudicator at a
hearing are authorized to explore the settlement of complaints