What Will the Hearing Be Like?
A tribunal hearing is not the same as a court hearing, but it is more structured than an Early Resolution Process (ERP)ERP: Early Resolution Program – A program offered by the Tribunal that lets both sides try to find a solution to the issue without going to a hearing. session.
The hearing is led by the tribunal memberTribunal Member: A person who works for the Tribunal and will be in charge of the hearing. This person will hear all of the information presented at the hearing, and will make a final decision on the case., who introduces everyone in the room and explains how the hearing will take place.
Both parties will have a chance to present their side of the story. The case presenting officerCase Presenting Officer: The person who is representing the local ODSP office. This person will explain to the Tribunal why the decision from the ODSP office should stay the same. will go first and explain why Ontario Disability Support Program (ODSP) made the decision it did. The appellant will have a chance to present next. Both sides will be able to ask the other side questions, and the tribunal member may also ask questions.
Who Can Attend a Hearing?
There are 3 main parties at the Tribunal hearing:
- The tribunal memberTribunal Member: A person who works for the Tribunal and will be in charge of the hearing. This person will hear all of the information presented at the hearing, and will make a final decision on the case.. There may be more than one tribunal member. This is the person who will hear your story and the other party’s story. The tribunal member will make a final decision after the hearing.
- The appellantAppellant: The person who applied to the Tribunal to appeal an ODSP decision.; and
- The respondentRespondent: The person who is on the opposite side of the person who is appealing. The respondent in the hearing is the person who is there to speak for the ODSP office. This person is called the ‘Case Presenting Officer. (the case presenting officer).
There might also be others at the hearing:
- Witnesses
- Lawyers, paralegals or support persons that the appellant wishes to bring to the hearing
- Language interpreters
- Service animals
Location and Transportation Costs
The tribunal can hold hearings all across Ontario. A hearing can be held in the appellant’s community or in a community close by. It is your job to let the tribunal know if a location is difficult for you to get to. You should let your ARO know as soon as you receive your Notice of Hearing if you think it will be a problem for you to get to the hearing.
If you need money to pay for travel costs to get to your hearing, it might be available from the tribunal. You should let your appeals resolution officer (ARO) know as soon as possible if you need money to help you travel to and from the hearing.
How Long Will it Take?
The hearings usually take 1 to 1.5 hours, but if witnesses are involved, more time might be needed.
Interpreters and Sign Language
Hearings are conducted only in English or in French. If an appellant does not speak English or French, he or she can bring an interpreter. This could be someone from a community organization, a family member or a friend.
If you are not able to arrange for your own interpreter, contact the Tribunal Contact Centre or your ARO as soon as possible, and the tribunal will arrange for an interpreter.
The tribunal will also arrange for American Sign Language (ASL) or Quebec Sign Language (QSL) interpretation, if needed. If you need this service, you should make the request as early as possible.
When Will You Receive the Tribunal’s Decision?
The decision is not made at the hearing. The tribunal memberTribunal Member: A person who works for the Tribunal and will be in charge of the hearing. This person will hear all of the information presented at the hearing, and will make a final decision on the case. will look at all of the factsFact(s): What can be proven to be true. and 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. presented at the hearing, and send out a written decision some time later.
A copy of the decision will be mailed to all the parties.
What is the Law?
The tribunal follows:
- LegislationLegislation: The ODSP Act, or the law that describes how the ODSP process will take place.;
- RegulationsRegulations: Regulations are rules that help make other laws more clear. They provide more detailed information on laws called ‘legislation’. The ODSP Regulations help to give more information on the Ontario Disability Support Program Act.; and
- Practice DirectionsPractice Direction(s): These are rules created by the Tribunal, which explain the rules that should be followed when providing services or holding hearings..
Legislation
The Ontario Disability Support Program Act
The Ontario Disability Support Program Act (ODSPA) is the law. This says what your ODSP office and the Social Benefits Tribunal (SBT) can and cannot do. It also explains how to appeal an ODSP decision that you are not happy with and what type of decisions you can appeal.
The law (ODSPA) explains what steps the ODSP office has to follow when a person has been denied assistance, or when their assistance has been cancelled, reduced, or placed on hold.
Regulations
There is also a set of regulationsRegulations: Regulations are rules that help make other laws more clear. They provide more detailed information on laws called ‘legislation’. The ODSP Regulations help to give more information on the Ontario Disability Support Program Act. that guide how your ODSP office makes decisions.
Practice Directions
The Social Benefits Tribunal also has 8 rules called Practice Directions.Practice Directions: These are rules created by the Tribunal, which explain the rules that should be followed when providing services or holding hearings.. These rules are created by the tribunal itself and focus on how it operates in a number of different ways.
Practice Direction 1 – Interim Assistance
Practice Direction 2 – Reconsideration Request
Practice Direction 3 – Rules for Electronic Hearings
Practice Direction 4 – Rescheduling of Hearings and Adjournments
Practice Direction 5 – Early Resolution Program – Practice tips on how the Early Resolution Pilot Program can work for you.
Practice Direction 6 – Procedure Regarding Human Rights Issue or Challenge
Practice Direction 7 – Currently not applicable
Practice Direction 8 – Pre-Hearing Conferences
Customer Service Policy of the SBT
The Next Steps
How Will the Tribunal Decide?
After both sides have presented their case, the tribunal memberTribunal Member: A person who works for the Tribunal and will be in charge of the hearing. This person will hear all of the information presented at the hearing, and will make a final decision on the case. will look at the facts and evidence to make a decision.
Facts, Evidence, and the Law
The tribunal member carefully looks at the facts of the case, 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. at the hearing, and the law to help him or her reach a fair decision.
Timeline of the Tribunal Process
This is a review of all of the important steps involved in the tribunal process:
