Can an adjudicator extend or waive the time limit for filing an appeal?
Saskatchewan, Canada
The following excerpt is from Brady v Jacobs Industrial Services Ltd, 2016 CanLII 49900 (SK LA):
51. There is no express provision anywhere in the Saskatchewan Employment Act that gives authority to the adjudicator or to anyone else to extend or waive the time limits for an appeal. s. 4-4(2) says an adjudicator may determine the procedures by which an appeal or hearing is to be conducted. This provision deals only with an adjudicator’s ability to control procedural matters in an appeal hearing and does not allow an adjudicator to extend the time for filing the appeal. A delegated power that allows a decision-maker to make rules of practice and procedure does not extend to allowing the decision-maker to alter a statutory time limit: Bassett v. Canada (Government) et al., 1987 CanLii 4873 (SK CA).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review for an appeal against a finding that a decision made by the Court of Appeal against a motion of appeal against the decision not to grant an appeal? (Saskatchewan, Canada)
If an appeal from a justice of the peace has been appealed to the wrong court, can the appeal be dismissed? (Saskatchewan, Canada)
What jurisdiction does the Court of Appeal have over an appeal? (Saskatchewan, Canada)
Can a judge of the same judge adjudicate two separate adjudications at the same time? (Saskatchewan, Canada)
What is the relevant case law on appeal from an appeal from the Master? (Saskatchewan, Canada)
On appeal, what are the grounds of appeal against the finding that a trial judge did not determine which story is true? (Saskatchewan, Canada)
Does the Court of Appeal have any authority or authority to refuse to grant an amendment to the Rules of Civil Procedure or Rules of Appeal? (Saskatchewan, Canada)
In what circumstances will the Supreme Court review a decision by a majority of the Court of Appeal not adjourning on a motion of appeal? (Saskatchewan, Canada)
What is the test for dismissing an appeal under s. 613(1) (b)(iii) of the Criminal Code of Canada for the error of a judge at the Court of Appeal? (Saskatchewan, Canada)
What is the test for allowing evidence to be adduce at the Court of Appeal in the context of an appeal? (Saskatchewan, Canada)
