2 total
Costs of $700 awarded against applicant for failing to attend hearing without prior notice.
The applicant failed to attend a scheduled hearing because she had left the country to attend to her ill mother, but neither she nor her counsel informed the respondent or the Tribunal until the start of the hearing.
The respondent sought costs under Rule 19.
The Tribunal found the applicant's actions and her counsel's failure to disclose her absence to be unreasonable and in bad faith.
The Tribunal awarded $700 in costs to the respondent to sanction the unacceptable behaviour and compensate for the inconvenience and wasted resources.
Adjournment granted and dismissal denied where applicant missed hearing due to sudden family medical emergency.
The applicant failed to attend a scheduled hearing because she had travelled to Germany due to her mother's medical emergency.
Her counsel requested an adjournment, which the respondent opposed, arguing the application should be dismissed as an abuse of process or abandoned.
The Tribunal found the application was not frivolous, vexatious, or abandoned, as the applicant's absence was due to a sudden medical emergency and she maintained ties to Canada.
The Tribunal granted the adjournment and set peremptory dates for the hearing, noting that the respondent's concerns about lack of notice could be addressed in a costs motion.
