| (1) |
If the applicant appears at the hearing, but one of the other parties does not, the arbitrator may continue without that party. |
| (2) |
If the applicant does not appear at a hearing, the arbitrator may dismiss the case or make any other order which he or she believes to be fair. |
| (3) |
The arbitrator may only act under subrule (1) or (2) if the absent party received adequate notice of the hearing. |
| (a) |
cancel (rescind) a determination given by the arbitrator after he or she has acted under subrule (1); or |
| (b) |
reinstate a case dismissed after the arbitrator has acted under subrule (2) |
and order that the case be heard anew by that arbitrator or appoint another arbitrator to do so.
| (5) |
The judge will only act under subrule (4) if the absent party proves that he or she |
| (a) |
was absent for good reason; and |
| (b) |
has a reasonable chance of success in the case. |
Administration of Estates Act, 1965
