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Information Sheet - 16
January 2009


What do I do if I can’t attend the hearing on the scheduled date?

You should immediately contact the Board by telephone to discuss your options. The three main options are:

1. Have someone represent you at the hearing;

2. Request a new date for the hearing;

3. Request that the hearing be cancelled and you submit your case in writing.

Having someone attend on your behalf avoids delays in the Board deciding the appeal. Given the volume of appeals and the limited availability of the Board members and the other participating parties, we may not be able to find another hearing date for several months. Submitting your case in writing may be a practical alternative. It does mean that you and the other party must be prepared to submit, in writing, your evidence and your argument (i.e. the information to support your position and reasons why the Board should accept your position).

I want someone else to attend the hearing for me - who should that be?

It is completely up to you who you choose to speak for you, whether it is a friend, relative, or professional (possibly an appraiser or lawyer) or other person. The Board does not require parties to appoint professionals to represent them. Whoever you choose, the Board recommends that person have knowledge of your appeal to properly represent your interests.

Once you decide who will represent you, write or email the Board and the other party with the name of your representative and his/her address, fax number and email (if available).

I prefer to have a new date for the hearing - how do I request this?

Submit a written request for a new hearing date to the Board and the other party. Include the reasons why you can not attend the currently scheduled date. The request should normally be made at least 14 days prior to the hearing.

Instead of a hearing, I prefer to submit my case in writing - what do I do?

Write to the Board (and copy the other party), stating why you would like to cancel the hearing and your preference to have the Board decide the case based on written submissions.

What happens after my request?

Your request must be still be approved by the Board and the hearing is not cancelled unless this approval is granted. The Board will consider the reasons for your request and may seek input from the other party in the appeal.

The Board will advise you in writing. If your request is granted, the Board will usually issue a new Board Order. If this Order reschedules the hearing, you will also receive a revised Notice of Hearing setting out the dates, time and location.

If the appeal will now be decided based on written submissions, the Order will state when those submissions are due. With the written submission method, you will be required to send your submissions to both the Board and the other party. You will also receive the other party’s submission and both of you will have a chance to reply in writing by a certain deadline. See Information Sheet 6 – Hearing by Written Submission for more details.

Please note on any request for a new hearing date: Since you were consulted about hearing dates before it was scheduled, the Board will carefully consider your request and may not grant a new date except in extraordinary circumstances. It is possible that the Board could grant your request, but require you to pay any costs of the Board or other parties (such as any non-refundable room rental or travel costs). The likelihood of being required to pay costs is greater if your request was not made at least 14 days prior to the hearing.