Section A - Rules of Procedure

PART 5 – VARIATION OR REVOCATION OF AN ORDER


  1. APPLICATION FOR VARIATION /REVOCATION
     
    61.1 Either the insured person or the insurer may apply to the Director to vary or revoke an arbitration order or an appeal order if:
     
    (a) there has been a material change in the circumstances of the insured;
     
    (b) evidence not available on the arbitration or appeal has become available; or
     
    (c) there is an error in the order.
     
    61.2 A party may not apply to vary or revoke a preliminary or interim order of an adjudicator until all of the issues in dispute in the proceeding have been finally decided, unless the Director orders otherwise.
     
    61.3 A party seeking to have an arbitration order or an appeal order varied or revoked must:
     
    (a) complete an Application for Variation/Revocation in Form L;
     
    (b) serve a copy of the Application on the respondent's lawyer or, if not represented by a lawyer, on the respondent;
     
    (c) file the Application and a Statement of Service in FORM F; and
     
    (d) pay the application filing fee set out in Section D of the Code.
     
    61.4 The Application for Variation/Revocation may be rejected if:
     
    (a) it is from a preliminary or interim order that does not finally decide the issues in dispute;
     
    (b) it is incomplete or lacks sufficient details to allow the other party to respond;
     
    (c) it is in respect of an order that has been appealed, and the appeal is pending; or
     
    (d) the applicant does not pay the required application filing fee.
     
    61.5 If the Director determines that the Application for Variation/Revocation is incomplete or is rejected under Rule 61.4, the Director will notify the parties and their representatives of the rejection.
     
    61.6 The Director will promptly acknowledge the Application for Variation/Revocation upon receipt of a properly completed Application, Statement of Service
    and the application filing fee.
     
     
     
  2. Response to the application for variation/revocation

    62.1 Within 20 days of receiving the Director's acknowledgment of the Application for Variation /Revocation (see Rule 61.6), a respondent must:

    (a) complete a Response to Application for Variation/Revocation in Form M;

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

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

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  3. The variation/revocation process

    63.1 The Director may:

    (a) decide the Application for Variation/Revocation;

    (b) delegate a person to decide the Application for Variation/Revocation on his or her behalf and to exercise the powers and perform the duties of the Director in relation to the Application; or

    (c) appoint the same adjudicator who made the original order or another adjudicator to decide the Application for Variation/Revocation.

    63.2 Rules 54, 57 and 58 apply to an Application for Variation/Revocation with necessary changes.

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