Rules of Procedure for the Farm Products Appeal Tribunal
Ontario Drainage Tribunal Farm Organizations Accreditation Tribunal
Crop Insurance Appeal Board

 

Rule 2 - Non-Compliance With Rules

Effect of non-compliance

2.01 A failure to comply with these rules is an irregularity and does not necessarily render an appeal or any component of an appeal a nullity.

2.02 The Tribunal may grant all necessary amendments or other relief, including the setting aside of a component of an appeal, on such terms as the Tribunal may determine, in order to correct a failure to comply with these rules. Tribunal may dispense with compliance

2.03 The Tribunal may, in order to secure the most just, most expeditious and most cost effective determination of any appeal, dispense with compliance with any rule at any time.

Rule 3 - Technical Objections

3.01 No appeal shall be defeated or delayed solely by any technical objection or by any objection based upon defects in form.

Rule 4 - Time

Computation of time

4.01 In the computation of time under these rules or in an order of the Tribunal, except where a contrary intention appears,

    1. where there is a reference to a number of days between two events, they shall be counted by excluding the day on which the first event happens and including the day on which the second event happens, even if they are described as clear days or the words "at least" are used;
    2. where a period of less than seven days is prescribed, the time shall be measured in business days (statutory holidays, Saturdays and Sundays shall not be counted);
    3. where the time for doing an act under these rules expires on a statutory holiday a Saturday or a Sunday, the act may be done on the next day that is not a statutory holiday, a Saturday or a Sunday; and
    4. a written communication in an appeal which is served after 4:00 p.m. or any time on a holiday, a Saturday or a Sunday shall be deemed to have been served on the next day or the next day which is not a holiday, a Saturday or a Sunday, as the case may be.

Local time

4.02 Where a time of day is mentioned in these rules or in a written communication in an appeal, the time referred to shall be the local time at the place where the hearing is to be or is being held or Guelph, Ontario as the context requires.

Extension or abridgement of time

4.03 The Tribunal may extend or abridge any time prescribed by these rules, on such terms as the Tribunal may determine.

4.04 A motion for an order extending time may be made before or after the expiration of the time prescribed.

4.05 A time prescribed by these rules for serving a written communication may be extended or abridged by the consent in writing of those to be served.

Rule 5 - Tribunal Documents

Copies of Tribunal documents

5.01 A person may examine any document filed with the Tribunal and, upon payment of the Tribunal's fee, take copies of such document unless a statute, regulation, order of a court or order of the Tribunal provides otherwise.

Confidential documents

5.02 Subject to subsection 9(1.1) of the SPPA the Tribunal may order that any document filed with an appeal or at a hearing be treated as confidential, be sealed and not form part of the public record.

Rule 6 - Notices

Notice to be in writing

6.01 Where these rules or an order of the Tribunal requires notice to be given, it shall be given in writing.Notice may be given by a party

6.02 The Tribunal may direct a party to an appeal to give notice of a hearing to any person or class of persons who may have an interest in the appeal and may direct the manner of giving such notice.

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For more information:
Toll Free: 1-888-466-2372 ext. 63433
Local: 519-826-3433
E-mail: appeals.tribunal.omafra@ontario.ca
Author: OMAFRA Staff
Creation Date: 22 November 2010
Last Reviewed: 22 November 2010