Part XI - Review of Decisions and Orders
44. Initiating Review
A party may request the review of an interim or final decision or order by the panel or member that made the decision or order.
The panel or member that made an interim or final decision or order may at any time, on its own initiative, review that decision or order and, except where Rule 12.03 applies, shall indicate its intention to do so by serving a notice on all of the parties.
45. Procedure for Requesting Review
A party making a request under Rule 44.01 shall file and serve a written Request for Review, in the form set out in Rule 45.04, within 10 days of the date of the making of the decision or order that is the subject of the request.
A panel or member may consider a Request for Review served or filed more than 10 days after the date of the decision or order that is the subject of the request if satisfied that there is a good reason for the delay and that the request has merit.
A panel or member will consider only one request for review of any decision or order by a party.
The Request for Review shall:
(a) state the reasons for requesting the review of the decision or order;
(b) state the outcome or relief sought;
(c) attach any documents that support the request;
(d) state the full name, address and telephone number of the requester;
(e) if the requester has a representative, state the full name, address, and telephone number of the representative;
(f) attach an affidavit setting out the facts relied upon by the requester; and
(g) be served on all parties to the original proceeding.
Any party who wishes to respond to a Request for Review shall file and serve its submissions within seven days of service of the request.
46. Decision on Request for Review
In deciding whether it is advisable to review all or part of its decision or order, the panel or member may consider any relevant circumstances, including:
(a) whether there is a material error of law or fact such that the panel or member would likely have reached a different decision but for that error;
(b) the extent to which any party or any other person has relied on the decision or order;
(c) whether the decision or order is under appeal or is the subject of a judicial review application; and
(d) whether the public interest in finality of decisions and orders is outweighed by the prejudice to the requester.
The panel or member may grant a Request for Review in whole or in part, based on the material filed, and may make procedural directions for the review.
47. Procedure for Review
The panel or member may combine its review of its decision or order with its consideration of the Request for Review.
Unless otherwise ordered, a review shall be conducted in writing.
The panel or member may add such parties to the review proceeding as is considered appropriate.
The panel or member may consider the record from the original hearing, in addition to the materials filed by the requester and any other parties.
On a review the panel or member may confirm, vary, suspend or cancel the decision or order under review.