Difference between revisions of "Review of Administrative Decisions for Public Complaints (5:III)"

No one has the right to an adjournment. Tribunals generally hold their hearings within a reasonable time even when their statutes have no limitation period. Nonetheless, tribunals may grant an adjournment when necessary. In deciding whether to allow an adjournment, tribunals should consider the amount of notice, the gravity of the consequences of the hearing, the degree of disclosure, and the availability of counsel.

If there is a hearing, a party is entitled to be present while evidence or submissions are presented.  The right to be present at a hearing normally includes a party’s right to appear with counsel and their right to an interpreter, though normally a tribunal is not required to pay for these services.  The tribunal has discretion as to whether the hearing is public or private (although there is a presumption in favour of public hearings).  At any hearing, the tribunal must gather and weigh the evidence.  Relevance is the primary consideration when determining admissibility.  Not all administrative decisions involve an oral hearing. A tribunal may have the power to make certain decisions solely on the basis of written submissions.