Requests for Cancellation
About requests for cancellation.
These rules relate to the tribunal’s processes when a party wants to cancel a final decision, default, dismissal or tribunal refusal to resolve a dispute.
REQUESTS FOR CANCELLATION OF FINAL DECISIONS OR ORDERS MADE UPON DEFAULTS OR NON-COMPLIANCE
138) A party may request the cancellation of a final decision or order that was made when that party was in default or failed to comply with the Act, rules or regulations by
a) completing and submitting the Request for Cancellation of Final Decision or Dismissal Form,
b) providing evidence to support their request, and
c) paying the required fee.
139) If the request for cancellation is accepted for consideration by the tribunal, a tribunal member will
a) decide what steps are required, and
b) instruct the person making the request on how to notify the other parties or other people requiring notice.
140) A request to cancel a final decision or order that was made when a party was in default or failed to comply with the Act, rules or regulations must include the reasons for the non-compliance.
141) In reviewing the request for cancellation, the tribunal will consider
a) whether the reason for default or non-compliance was due to an accident, illness or other cause beyond the control of the party making the request,
b) whether the party making the request was acting in good faith,
c) evidence supporting their request,
d) whether the party making the request has a defence worth investigating and
e) if there is any delay in submitting the request for cancellation, the reason for that delay, along with evidence for the delay.
142) Generally, the tribunal will not cancel a final decision or order that was made when a party was in default or failed to comply with the Act, rules or regulations, if the reason for non-compliance or any delay was within the control of that party.