(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. |