Part VIII - Parties and Participation

​37. Party Status

37.01
A person who is not a party and is interested in actively participating in a proceeding as a party shall file a written Application for Party Status in Form 4 and serve it on the other parties:
(a) before the scheduled date of any pre-hearing conference, so that the Application can be dealt with at that conference; or
 
(b) in accordance with the terms of the Notice of Hearing.
 
37.02
A party who objects to party status being granted to a person shall file and serve an objection, and the person may respond to the objection.
 
37.03
Applications for party status may be dealt with by the Tribunal based on the filed material.
 
37.04
In deciding whether to make an order granting a person party status, the Tribunal may consider:
(a) the nature of the proceeding;
 
(b) the issues;
 
(c) whether the person will be directly affected by the outcome of the proceeding;
 
(d) the likelihood of the person being able to make a useful and different contribution to the understanding of the issues;
 
(e) any delay or prejudice to the parties; and
 
(f) any other matter it considers relevant.
 
 

38. Levels of Participation

38.01
The Tribunal may, by order, grant party status to a person who has applied for such status, but may, by the terms of the order, restrict or impose conditions upon that person’s participation as a party.
 
38.02
A person who participates in a proceeding shall comply with any restrictions or conditions set by the Tribunal in granting party status.
 
 

39. Withdrawal

39.01
A requester or appellant may withdraw a Request for Hearing or a Notice of Appeal before the Tribunal:
(a) prior to the hearing, by filing a Withdrawal (in Form 5) signed by the party or his or her representative and serving the Form 5 on the other parties; or,
 
(b) during the hearing, by bringing a motion with the permission of the Tribunal.
 
39.02
A responding party may discontinue participation in a proceeding:
(a) prior to the hearing, by filing a Discontinuance (in Form 5) signed by the party or his or her representative, and serving the Form 5 on the other parties; or
 
(b) during the hearing, by bringing a motion with the permission of the Tribunal.
 
39.03
The Tribunal may impose conditions on any withdrawal or discontinuance as it considers appropriate.
 
39.04
Where a party withdraws or discontinues under this Rule 39, another party may request an order for costs from that party, so long as the request is filed and served within 14 days of service of the notice or letter of withdrawal or discontinuance or the disposition of the motion to withdraw or discontinue, as the case may be.
 
39.05
Where a proceeding is ongoing, evidence received by the Tribunal from a responding party that has discontinued in accordance with this Rule shall remain on the record and the party who filed the evidence is subject to interrogatories in accordance with Rules 18 and 19 notwithstanding the discontinuance.