John McNabb

The Applicant requested a review or variance of a pre-hearing conference order to allow for the late filing of reply submissions on a motion regarding jurisdiction.

The Applicant had missed multiple extended deadlines and failed to attend the pre-hearing conference where the order was made.

The Tribunal dismissed the request, finding that the public interest in the finality of decisions and the need to maintain the integrity of Tribunal orders outweighed any prejudice to the Applicant.

The applicant brought a motion for the recusal of the adjudicator from hearing another recusal motion.

The applicant argued that the adjudicator should recuse himself from hearing the motion for his own recusal due to an apprehension of bias.

The adjudicator declined to recuse himself, finding that the law is well-settled that it is up to the individual adjudicator whose recusal is sought to make the decision on the recusal motion.