What is the legal test for a refusal to grant an adjournment at an administrative hearing?

Canada (Federal), Canada

The following excerpt is from Chohan v. Canada (Minister of Citizenship and Immigration), 2006 FC 390 (CanLII):

A refusal to grant an adjournment, where fairness demands it, constitutes a breach of the rules of natural justice. According to Mullan in Administrative Law (3rd edition) at para. 170, a breach of this duty occurs where the adjournment is reasonably required for a party seeking an opportunity to meet a new issue or to review crucial evidence introduced at the hearing. The authority cited for this proposition is Pal v. Canada (Minister of Employment and Immigration) [1993] F.C.J. No. 1301.

Other Questions


Can a hearing officer grant an adjournment of a parole revocation hearing? ("New York", United States of America)
Can an evidentiary hearing be held at the administrative level of the Court of Appeal where there was no administrative hearing? (MultiRegion, United States of America)
What is the authority of an administrative agency to adjourn a hearing? (Canada (Federal), Canada)
Is a district court's refusal to grant an evidentiary hearing on issues raised in a petition for writ of habeas corpus reviewed for abuse of discretion? (MultiRegion, United States of America)
What is the test for determining whether an evidentiary hearing is necessary in a motion to compel a district court to grant a hearing? (MultiRegion, United States of America)
What is the legal test for appellate review of a judge's decision not to grant an extension of time to a hearing? (Canada (Federal), Canada)
Does a judge have authority to order that a person who has not had a hearing be allowed to attend the hearing before the hearing of the motion, or is not permitted to do so? (MultiRegion, United States of America)
Is a refusal-to-renew hearing necessary in a refusal to renew a disability benefits application? (MultiRegion, United States of America)
What is the test for a decision maker to exercise administrative powers without the proper legal authority? (Canada (Federal), Canada)
What is the test for granting a refugee refugee a fair hearing? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.