Steps of an Appeal
A NOTICE OF APPEAL IS FILED
To appeal a decision, complete and send a Notice of Appeal (Form 1) to the Registrar by a means set out in rule 2.2. The Registrar returns a filed copy to the parties.
THE HEARING DATE IS SET
|The Registrar sets a hearing date and issues a Notice of Hearing.|
THE RECORD IS FILED
Within 15 days of receipt of the Notice of Appeal, the regulator or decision-maker must file the Record of the Decision-Making Process. The Registrar returns a filed copy to all the parties. See rule 5.3.
PRELIMINARY MOTIONS ARE FILED
Consider whether you have any procedural or preliminary issues that can be resolved by the Tribunal. See Motion for more details.
DOCUMENTS ARE SHARED
The Record may contain all the evidence necessary to the appeal. If it does not and you want to present documents at the hearing in addition to those contained in the Record, you must provide copies to all parties within the time fixed by the hearing panel. You must also provide copies of the documents to the Registrar of the Tribunal. See rule 10.3.
EXPERT WITNESSES ARE IDENTIFIED
If you want to call an expert to testify at the hearing or want to present an expert's report at the hearing, provide all other parties with the information set out in rule 10.6 within the time fixed by the hearing panel. Keep the originals of the report (or copies if not available) for the Tribunal at the hearing.
SUMMONS TO WITNESS ARE OBTAINED
The Record may contain all the evidence necessary to the appeal. If it does not and you want to bring witnesses to testify at the hearing, consider preparing a Summons to Witness (Form 8) for any witnesses you intend to bring to testify at the hearing. For more information, see rule 10.8 and How to Prepare for the Hearing of an Appeal.
STATEMENTS OF POSITION ARE FILED
The parties file their Statement of Position (Form 14) within the time fixed by the hearing panel.
PREPARATION FOR THE HEARING
|||Prepare for the hearing. For more information, see How to Prepare for the Hearing of an Appeal.|
THE HEARING IS HELD
The parties attend the hearing at the location, date and time set out in the Notice of Hearing. Failure to attend the hearing can have serious consequences.
THE DECISION IS ISSUED
After the hearing, the panel typically writes a decision, which may take between one to several months. You will receive a copy of the decision.
THE DECISION IS REVIEWED
Carefully review the decision. If you do not agree with the decision, you may have the right to appeal the decision or seek judicial review. The decision takes effect immediately, unless a stay is obtained pursuant to subsection 48(4) of the Financial and Consumer Services Commission Act.