140Right of appellant to present his or her case in writing and restricted right of appellant to be present

1. An appellant under this Part may, instead of having his or her case presented orally, have it presented in writing.

2. If subsection (1) applies, the Summary Appeal Court may deal with the appellant’s case by way of a hearing on the papers.

3. An appellant under this Part is not entitled to be present at the hearing of an appeal under this Part or at any proceedings preliminary or incidental to that appeal.

4. Subsection (3) does not apply if—

5. the rules of procedure provide that the appellant has the right to be present; or
6. the Summary Appeal Court gives the appellant leave to be present.

7. A power of the Summary Appeal Court under this Part may be exercised despite the absence of the appellant.