At the Hearing
After the Member has received all submissions from the parties, the Member considers the submissions. The Member may give an oral decision at that time or may reserve the decision for a later date. If the decision is reserved, a decision with Written Reasons will be mailed to the parties.
Notice of Decision
If an oral decision is given at the hearing, a written confirmation of the decision will be mailed to the parties after the hearing. If a request for Written Reasons is made, the decision will be sent with the Written Reasons.
Any party may request Written Reasons for the Member’s decision. Written Reasons outline why the Member made his or her decision. To request Written Reasons, you must ask for them at the hearing or make a request, in writing, to the Board within 14 days of the hearing date.
Review of a Decision
The Board’s Rules of Practice and Procedure provide guidelines for reviewing decisions. It is not an opportunity to rehear or reargue an appeal. For the Board to consider reviewing a decision, it may take into consideration:
- Whether a material error of law or fact was made, which, if corrected, would have a significant effect on the decision;
- Whether any other person has relied upon or acted on the decision; and
- Whether the rights of a party other than the requester will be prejudiced if the decision is changed.
To request a Review of Decision, a party must have requested Written Reasons for the decision.
A request for review shall be made in writing to the Chair of the Board within 30 days of the issue of the Board’s decision, shall be copied to all parties, and shall include:
- the requester’s full name, address, telephone and fax number (if any) and e-mail address (if any);
- the full name, address, telephone and fax number (if any) and e-mail address (if any) of the requester’s representative (if any);
- the requester’s or representative’s signature;
- brief reasons for the request;
- the desired result;
- any documents which support the request, including copies of the original decision and new evidence that was not available at the hearing ;
- whether the requester has or will submit an application for leave to appeal or for judicial review to the court;
- a filing fee of $125.00 (cheque or money order payable to the Minister of Finance); and
- an affidavit stating the facts relied upon in support of the request.
Leave to Appeal
A decision of the Board may be appealed to the Superior Court of Justice only on a question of law. To start the process of appealing, you must apply to the Court and seek leave to appeal. People usually consult legal counsel to explore this option.