Appeal Process/Judicial Review of Tribunals
Social Benefit Tribunal
Internal
Review
o
o
o
Appeal a Decision of an
OW Administrator or
ODSP Director (Hearing
Before SBT)
No appeal may be
commenced unless
an internal review
has been
requested

Only an applicant or recipient can
appeal a decision of OW
Administrator or ODSP Director

Appeal directly to SBT
Internal Review
must be requested
within 30 days of
the date the
decision is received

Appeal must commence within 30
days from the day the decision
becomes final

A decision becomes final – If no
request for internal review made when the time for requesting the
internal review expires
Administer or
Director has 30
days after
receiving the
request for an
internal review to
reply
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A decision becomes final If request
for internal review made – Earliest
of following days:
The day the prescribed time for
completing the internal review has
expired
The day the result of the internal
review is received and
The day the result are deemed to
be received
SBT can extend the time for
appealing a decision, however no
appeal shall be commenced more
than one year
Reconsideration
o
Party may ask SBT to
reconsider its decision
o
An application for
reconsideration must
be filed within 30 days
of receiving the
decision after the
hearing and shall
deliver it to the other
parties
o
The SBT must respond
to an application no
sooner than 20 days
and no later than 60
days after the request
was made
Appeal to
Divisional Court

May appeal decision
of the SBT to the
Divisional Court on a
question of law

Notice of appeal
must be served on
other parties and
filed with the court
within 30 days of
receiving the
decision

SBT is required to
prepare and deliver
the record of the
appeal to the court
within 60 days after
the SBT receives the
notice of appeal
Judicial
Review
An application for
Judicial review may
be brought with
respect to an issue
that may not be
appealed
Licensee Appeal Tribunal
Reconsideration
o
o
o
o
o
o
Appeal also known as a
dispute
Can be commenced by either
an insured or an insurer
(must submit an application
and response)
Responding party must file a
response within 14 days of
being served with the claim
A case conference is then
scheduled
At least 10 days prior to the
conference (opportunity for
parties to consider
settlement), both parties
must file a case conference
summary
Next step is a hearing

Rule 18 of the LAT Rules
allows a party to
request reconsideration
of a decision within 21
days of the decision
being issued
Appeal to
Divisional Court
-
On a question of
law alone
Must serve a notice
of appeal within 30
days of the decision
having been issued
Judicial Review
o
Parties may seek
judicial review of a
decision at Divisional
Court
o
Party has an obligation
to request
reconsideration before
pursing judicial review
Landlord Tenant Board
Appeal
Judicial Review
Appeal vs. Review
o
o
o
o
o
Review is more cost-effective and
expeditious (Paralegal can represent)
o
If taken to Divisional Court a lawyer is
necessary (Or self-represent)
o
o
o
Appealed to Divisional Court
On a question of law alone (no
challenge to the findings of fact in
question)
Appeals of an eviction order results in
an automatic stay of order and stay
of any provision for payment of
arrears of rent
To be made within 30 days after
being given the order
Because decision is made by mail,
effective time for filling is usually 35
days from day order is issued
o
o
o
o
o
Can also be challenged by way of a Review
By serious error of law or fact OR that a
party to a proceeding was not able to
participate at first instance
To be made within 30 days of the order
being issued
If granted, conducted by a member of LTB
(not original person)
Options available to resolve dispute include
holding a new hearing and are set out in R.
29 and Interpretation Guideline #8, Review
of an Order
Can ask for a stay of the order pending
decision
If a review is granted, it is still open to
either party to appeal to the Divisional
Court on a question of law
Local Planning Appeal Tribunal (Formerly
Ontario Municipal Board)


Large portion of these are rooted in the Planning Act but hearings and appeals under other
statutes are also reviewed
LPAT has general appellate jurisdiction with one particular exception: a municipality may
opt to set up a local appeal body for appeals of zoning variance and consent-to-sever
decisions (City of Toronto Act and City of Ottawa Act, etc.)
Internal Review
o
o
o
o
o
o
o
o
LPAT retains an inherent jurisdiction to review its
own decisions
First point of reference for starting proceedings is the
underlying statutory provision which sets out
timelines for an appeal
Most cases, an appeal requires the filing of appeal
materials with a municipality or directly with the LPAT
Upon review of the materials, LPAT will send a notice
to the appellant indicating LPAT has opened a file
Prehearing Conference to follow
Mediation is next
Hearing is next – Three members preside
Decisions may be issued anytime from a week to
several months later
Appeal
 Must indicated the policies/instruments with which a
municipal decision fails to conform and how the decision fails
to conform
 Notice of Commencement is issued
 Appeal record and case synopsis must be filed within 20
days of receipt of the notice of commencement
 Municipality or approval authority is then provided a further
20 days to file a responding appeal record
 Case management conference is mandatory and participants
must file a written submission with registrar at at least 30
days before the date of the CMC
 Hearing
WSIB/ WSIAT
First Decision You Receive - Appeals
from a Primary Adjudication
o
o
o
o
o
o
o
o
o
o
o
First Decision You Receive - Appeals from a Primary
Adjudication
Appealed to the Appeals Services Division of the WSIB
Heard by one Appeals Resolution Officer of WSIB –
Considered a final decision of WSIB
Initiated with the worker or employer files an intent to
object form
Objection must identify the decision that is being appealed
and the reasons for the objection
Objection to a Return to Work or Work Transition Decision
must be filed to WSIB within 30 days of after the decision
for all other matters’ objection must be filed within 6
months of decision
If WSIB rejects an oral hearing request, a further period of
21 days is granted to both parties to provide written
submissions
If WSIB determines that an oral hearing is appropriate, the
hearing is scheduled within 90 days after the respondent
form is filed
Decision is always issued in writing and released within 30
days of the end of the hearing
Decision is not stayed while an appeal to the WSIAT
proceeds
In addition to appealing this decision to WSIAT, you may
request to reconsider ARO decision (pg. 482 Reconsideration)
Second Decision You Receive - Appeals
From Decision of the ARO
o
o
o
o
o
o
o
o
o
o
o
o
o
Appealed to the WSIAT consisting of either a vice-chair sitting alone
of 3-person panel consisting of two side members and a vice-chair
Initiated by filing a written notice of appeal form with the WSIAT –
must identify ARO decision
Notice of Appeal must be filed within six months of the ARO
decision if applying after, must also apply for an extension to the
time to appeal
Next step is to file a readiness form after which appellant receives a
WSIAT case record
Next step is to file a confirmation of appeal form (must include
witnesses)
Confirmation of Appeal Form must be filed no later than 24 months
from the time the Notice of Appeal is filed
Mediation-Adjudication is next step if requested (usually made at
the time of filing the Confirmation of Appeal)
Mediation-Adjudication Communications may not be used in the
appeal hearing
Cannot reach an agreement that would result in a waiver of a
worker’s rights to benefits
Next step; scheduled for a hearing (all new evidence or witnesses;
copies must be provided to other parties at least 3 weeks prior to
hearing)
Decision released in writing within 120 days of the conclusion of
the hearing
Can ask for Reconsideration on this decision but must satisfy a
threshold test that demonstrates good reason to reconsider (p. 485
- Reconsideration)
Must be made within 6 months of a decision
OLRB
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Decision of an inspector who comes to the scene and makes a compliance order
Appeal made to the OLRB which has exclusive jurisdiction
Must be initiated within 30 days after the making of the order
Where mediation is unsuccessful, a hearing or consultation is next
OLRB has a specific statutory power to suspend an order pending disposition of an
appeal
Human Rights Tribunal



No statutory right of appeal from HRTO Decisions
A party may ask HRTO to reconsider a final decision within 30 days of the decisions
If a party remains dissatisfied with HRTO’s decision, it may seek a judicial review in the
Divisional Court
Notes:
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Appeals are statutory right and must flow from some legislative instrument
Judicial Review need not be set out in statute and courts will usually refuse to review
administrative action where a right of appeal exists and has not been exhausted
Paralegals Cannot Act on a Judicial Review Application
Mediation-Adjudication is where the same person who conducts the Mediation
presides over the oral hearing or implements the agreement if there is one