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.
Either party can ask for a reconsideration 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 fact, or an important piece of evidence.
If you think you may want to apply for a reconsideration hearing, speak with your ARO 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.
If there is a question of law that a party thinks requires another hearing, the person can appeal the tribunal’s decision to divisional court. 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.
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