Section A - Rules of Procedure

PART 4 - APPEAL OF ARBITRATION ORDER


  1. APPEAL

    50.1 A party to an arbitration may appeal an order of an arbitrator to the Director only on a question of law.

    50.2 A party may not appeal a preliminary or interim order of an arbitrator until all of the issues in dispute in the arbitration have been finally decided, unless the Director orders otherwise.

    50.3 An appeal does not stop an arbitration order from taking effect, unless the Director orders otherwise.

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  2. STARTING AN APPEAL

    51.1 To appeal an arbitration order, the appellant must:

    (a) complete a Notice of Appeal in FORM I ;

    (b) serve a copy of the Notice of Appeal on the respondent's lawyer or if the respondent was not represented by a lawyer at the arbitration hearing, on the respondent;

    (c) file the Notice of Appeal and a Statement of Service in FORM F; and

    (d) pay the application filing fee set out in Section D of the Code.

    51.2 An appeal may be rejected if:

    (a) it is out of time;

    (b) it does not raise a question of law;

    (c) it is from a preliminary or interim order that does not finally decide the issues in dispute;

    (d) the Notice of Appeal is incomplete or lacks sufficient details to allow the other party to respond; or

    (e) the appellant does not pay the required application filing fee

    51.3 If the Director determines that a Notice of Appeal is incomplete or is rejected under Rule 51.2, the Director will notify the parties and their representatives of the rejection.

    51.4 Upon receipt of a properly completed Notice of Appeal, Statement of Service and the application filing fee, the Director will promptly acknowledge the appeal.

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  3. TIME FOR APPEAL

    52.1 Subject to Rule 52.2, the appellant must file the Notice of Appeal within 30 days of the date of the arbitration order.

    52.2 The Director may extend the time for requesting an appeal on such terms as he or she considers appropriate, either before or after the 30-day time limit, if he or she is satisfied there are reasonable grounds for granting the extension.

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  4. RESPONSE TO APPEAL

    53.1 Within 20 days of receiving the Director's acknowledgment of the Notice of Appeal (see Rule 51.4), a respondent must:

    (a) complete a Response to Appeal in FORM J;

    (b) serve the Response on the appellant's representative or if not represented, on the appellant; and;

    (c) file a copy of the Response and a Statement of Service in FORM F.

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  5. WRITTEN SUBMISSIONS

    54.1 Unless the Director orders otherwise, the appellant must:

    (a) serve and file written submissions within 30 days of the date on which the Response to Appeal was due; and

    (b) file a Statement of Service in FORM F

    54.2 If a transcript has been ordered, the time limit for the appellant's written submissions set out in Rule 54.1(a) is extended to 30 days from the date on which the transcript is received.

    See Rule 74 regarding transcripts.

    54.3 Within 20 days of receiving the appellant's written submissions, the respondent must:

    (a) serve on the appellant and any other parties any written submissions upon which the respondent intends to rely; and

    (b) file the written submissions and a Statement of Service in FORM F.

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  6. APPEAL BY RESPONDENT ("CROSS-APPEAL")

    55.1 If the respondent intends to appeal the arbitration order, a separate Notice of Appeal must be completed and the time periods for appeal, as set out above, apply.

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  7. THE APPEAL PROCESS

    56.1 The Director may appoint a person to conduct the appeal on his or her behalf and to exercise the powers and perform the duties of the Director relating to the appeal.

    56.2 An order made by a person appointed under Rule 56.1 is considered an order of the Director.

    56.3 Unless the Director orders otherwise, an appeal will only include issues that were the subject of the arbitration proceeding or dealt with in the arbitration order being appealed.

    56.4 The appeal record includes the Notice of Appeal, the Response to Appeal, the written submissions of the parties, and the record of the arbitration hearing, including all arbitration exhibits and, if it is filed, the transcript of the arbitration hearing.

    56.5 The Director may decide the appeal:

    (a) on the record;

    (b) by way of an oral hearing or an electronic hearing; or

    (c) in any other manner that the Director considers appropriate.

    56.6 If the Director decides to schedule an oral or electronic hearing, a Notice of Hearing will be delivered to the parties and their representatives.

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  8. PRELIMINARY CONFERENCE

    57.1 The Director may require the parties to participate in one or more preliminary conferences.

    57.2 Rule 33 applies with necessary changes to a preliminary conference held under this Part.

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  9. NON-PARTICIPATION

    58.1 The Director may proceed with an appeal even though a party fails to file any document required by these Rules.

    58.2 Where a Notice of Hearing has been delivered to a party, and the party does not attend, the Director may proceed with the oral submissions or the hearing in the absence of the party, and the party is not entitled to any further notice in the proceeding.

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  10. INTERVENTIONS

    59.1 The Director may request persons who are not parties to an appeal to make submissions on any issue of law arising in an appeal, and participation will be on such terms as the Director considers appropriate.

    59.2 Persons who are not parties to an appeal may apply to make submissions on an issue of law arising in an appeal.

    59.3 A person who wishes to make submissions on an issue of law arising in an appeal must:

    (a) complete an Application for Intervention in FORM K;

    (b) serve a copy of the Application on the representative of each of the parties to the appeal or, if a party is not represented, on the party; and

    (c) file the Application and a Statement of Service in FORM F

    59.4 An Application for Intervention may be rejected if it does not include:

    (a) the applicant's reasons for wishing to participate; and

    (b) a summary of the applicant's submissions on the issues of law.

    59.5 Where an Application for Intervention is rejected, the Director will notify the applicant and the representative of each of the parties to the appeal or, if a party is not represented, the party.

    59.6 Within 10 days of receiving an Application for Intervention, a party may indicate that he or she supports or objects to the intervention by:

    (a) filing his or her written comments; and

    (b) sending a copy of his or her written comments to the representative of the applicant or, if not represented, to the applicant

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  11. THE INTERVENTION PROCESS

    60.1 Rules 56, 57 and 58 apply with necessary changes.

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