Part VII - Summary Dismissal
33. Dismissal without a Hearing
Where a party has initiated a proceeding that, in the opinion of the Tribunal, is:
(a) frivolous, vexatious or commenced in bad faith;
(b) relates to matters that are outside the jurisdiction of the Tribunal; or
(c) some aspect of the statutory requirements for bringing the proceeding has not been met,
the Tribunal may give notice of intention to dismiss the proceeding without a hearing, setting out the reasons for the proposed dismissal. The notice will be given to all parties to the proceeding.
33.02
All parties who have been given notice under Rule 33.01 shall have the right to make written submissions to the Tribunal with respect to the dismissal of the proceeding within 30 days of the giving of the notice.
33.03
After considering such submissions, if any, the Tribunal may dismiss the proceeding without a hearing.
34. Dismissal for Delay
Where a party who has initiated a proceeding has taken no step in the proceeding for an undue period, the Tribunal may give notice of intention to dismiss the proceeding without a hearing unless such steps as are directed by the Tribunal are taken within 30 days of the notice or reasonable cause is shown for failure to take those steps. The notice will be given to all parties to the proceeding.
34.02
All parties who have been given notice under Rule 34.01 shall have the right to make written submissions to the Tribunal with respect to the dismissal of the proceeding within 30 days of the giving of the notice.
34.03
After considering such submissions, if any, the Tribunal may dismiss the proceeding without a hearing.
35. Non-Attendance by Party who has initiated a Proceeding
Where a party who has initiated a proceeding does not appear at a scheduled hearing or pre-hearing conference of which proper notice has been given in accordance with these Rules, the Tribunal may proceed in the absence of that party, may dismiss the proceeding without further hearing and without further notice, or may give notice of intention to dismiss the proceeding if reasonable cause is not shown within 30 days of the giving of the notice for the party’s failure to appear.
35.02
A party who has been given notice of intention to dismiss under Rule 35.01 shall have the right to make written submissions to the Tribunal on the issue of reasonable cause for failure to appear within 30 days of the giving of such notice. After considering the submissions, if any, the Tribunal may dismiss the proceeding without further hearing, or may order the proceeding to continue, with or without conditions.
36. Motion for Summary Dismissal
36.01
The Tribunal may exercise its powers under Rules 33, 34 or 35 either on its own motion or on the motion of any party. A party seeking summary dismissal of a proceeding under Rules 33, 34 or 35 shall initiate its request for dismissal by motion in accordance with Rule 14.