What if You Are Not Satisfied with the Tribunal’s Decision?
If you are not satisfied with the tribunal’s decision and wish to have another hearing, there are options available to you.
Reconsideration Hearings
Either party can ask for a reconsiderationReconsideration: The Tribunal can hold a second hearing to review a decision they have already made. of the tribunal’s decision by sending in an Application for Reconsideration. The reconsideration must include reasons why you think the tribunal should give you a new hearing.
There has to be a good reason for the tribunal to review a decision they made. Just because you are feeling upset with the decision, or because you think it is not fair, is not enough of a reason for the tribunal to review the decision. A good reason would be if the tribunal missed an important factFact(s): Something that can be proven to be true, and in this situation is important to the case., or an important piece of evidenceEvidence: A letter, a picture, a document, or anything else that is related to your case that may help prove your side of the story. Information provided by a witness who has promised to tell the truth can also be evidence to help you with proving your side of the story..
If you think you may want to apply for a reconsideration hearing, speak with your AROARO: Appeals Resolution Officer – the person who looks after an appellant’s case once an application is sent to the Tribunal. The ARO is the person who will answer all questions that relate to the appeal process. or a lawyer.
The Application for Reconsideration must be sent in to the tribunal within 30 days of receiving the decision.
Access more information on reconsideration hearings here.
Court AppealsCourt Appeals: Filing an application to court to change a decision made by the Tribunal.
If there is a question of law that a party thinks requires another hearing, the person can appeal the tribunal’s decision to divisional courtDivisional Court: Part of the Superior Court of Justice, Divisional Court is an appeals court. This means that it can only hear cases where a decision has already been made by another court or by a tribunal.. For information on Divisional Court see the online pamphlet prepared by the Ministry of the Attorney General.
Since a court appeal deals with legal issues, it is important to get legal advice before applying to Divisional Court.
Ombudsman Ontario
The Ombudsman does not have the power to overturn decisions or change tribunal decisions, but if you believe an administrative tribunal treated you unfairly you can make a formal complaint with the Ombudsman. If the Ombudsman agrees, he can make recommendations to the tribunal to address the problem, and he can also make recommendations about government legislation, policies or programs. For more information on the powers of the Ombudsman over tribunals, go to: Ombudsman Ontario