sec.250Dismissing application

sec.250 Dismissing application

Instead of making a dispute resolution recommendation for an application, the commissioner may dismiss the application. The commissioner may dismiss the application only if the commissioner is satisfied that the dispute should be dealt with in a court or tribunal of competent jurisdiction. Also, for an adjudication application, the commissioner may dismiss the application if— the application is accompanied by an explanation why the dispute the subject of the application should be dealt with by a stated alternative process; and the parties to the application agree that the dispute be dealt with by the alternative process; and the commissioner is satisfied, having regard to the nature of the dispute, that the dispute may be dealt with by the alternative process. If the commissioner dismisses the application, the commissioner must give each party to the application a certificate in the approved form evidencing the dismissal. In this section— alternative process , for a dispute, means— a process of a court or tribunal having jurisdiction to deal with the dispute; or another process capable of dealing with the dispute and binding the parties. s 250 amd 2003 No. 6 s 84 ; 2007 No. 11 s 35 (sec.250-ssec.1) Instead of making a dispute resolution recommendation for an application, the commissioner may dismiss the application. (sec.250-ssec.2) The commissioner may dismiss the application only if the commissioner is satisfied that the dispute should be dealt with in a court or tribunal of competent jurisdiction. (sec.250-ssec.3) Also, for an adjudication application, the commissioner may dismiss the application if— the application is accompanied by an explanation why the dispute the subject of the application should be dealt with by a stated alternative process; and the parties to the application agree that the dispute be dealt with by the alternative process; and the commissioner is satisfied, having regard to the nature of the dispute, that the dispute may be dealt with by the alternative process. (sec.250-ssec.4) If the commissioner dismisses the application, the commissioner must give each party to the application a certificate in the approved form evidencing the dismissal. (sec.250-ssec.5) In this section— alternative process , for a dispute, means— a process of a court or tribunal having jurisdiction to deal with the dispute; or another process capable of dealing with the dispute and binding the parties.

• (a) the application is accompanied by an explanation why the dispute the subject of the application should be dealt with by a stated alternative process; and
• (b) the parties to the application agree that the dispute be dealt with by the alternative process; and
• (c) the commissioner is satisfied, having regard to the nature of the dispute, that the dispute may be dealt with by the alternative process.