Young v. Saanich Police Department, 2003 BCSC 926 (CanLII).

More documents

Recommendations

Info

Young v. Saanich Police Department, et al Page 84 not served as required, the arbitrator must apply Rule 11.5. ... 4.1 Service of the respondent’s documents If the respondent wishes to dispute the application, the respondent should file copies of all documents, intended to be used to defend the respondent’s position, with the Residential Tenancy Office and serve the applicant with the documents as soon as possible, and at least two (2) days before the hearing. If the documents are not served as required, the arbitrator must apply Rule 11.5. 2003 BCSC 926 (CanLII) ... 6.5 Criteria for granting adjournment Without restricting the authority of the arbitrator to consider other factors, the arbitrator must apply the following criteria when considering a party’s request for adjournment at the time of the hearing: (a) the views of the parties; (b) whether the purpose for which the adjournment is sought will contribute to the resolution of the matter in accordance with the objectives set out in Rule 1; (c) whether the adjournment is required to provide a fair opportunity to be heard, including whether a party has sufficient notice of the hearing; (d) the degree in which the need for the adjournment arises out of the intentional actions or the neglect of a party seeking the adjournment; (e) the possible prejudice to each party. ...
Young v. Saanich Police Department, et al Page 85 8.1 Conduct of the arbitration hearing The arbitrator must conduct the hearing in accordance with these Rules of Procedure. ... 11.4 Evidence in advance The applicant and respondent should provide the arbitrator and the other party with copies of all documents and photographs (or clear reproductions) which are intended to be used as evidence, at least two (2) days prior to the hearing. Except for supporting expense receipts on a rent review, sufficient copies of any evidence not served in accordance with Rule 3.1, 3.4 or 4.1 must be brought to the hearing for the arbitrator and the other party. The arbitrator will decide whether to accept this evidence in accordance with Rule 11.5. Additional copies of supporting expense receipts are not required on a rent review application; however, the other party will be permitted to examine the receipts if they are taken into evidence. 2003 BCSC 926 (CanLII) 11.5 Consideration of evidence not provided to the other party in advance If the documents or other evidence are not served on the other party as required (a) the arbitrator must rule on whether the documents are relevant, (b) if the documents are relevant, the other party will have an opportunity to review and make argument that the matter be adjourned, and (c) the arbitrator must rule whether to adjourn, in accordance with Rule 6.5, and give a reason(s) for granting or refusing the adjournment.
Page 1 and 2:
IN THE SUPREME COURT OF BRITISH COL
Page 3 and 4:
Young v. Saanich Police Department,
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34: Young v. Saanich Police Department,
Page 83: Young v. Saanich Police Department,
show all

Young v. Saanich Police Department, 2003 BCSC 926 (CanLII).

Create successful ePaper yourself

Delete template?

Save as template?