When can you appeal to the SBT

You can appeal to the SBT when the Ontario Disability Support Program (ODSP), including the Disability Adjudication Unit (DAU) or Ontario Works (OW), have refused to pay you social assistance, or if you already receive social assistance, but:

• it has been cancelled, reduced or put on hold
• the additional benefits you receive have changed
• you have an overpayment

ODSP, DAU, and OW notify applicants and recipients of these changes by a decision letter. This is called an original decision.

Before you can appeal an original decision, you must request, in writing, an internal review of the original decision from the ODSP, DAU, or OW office that made it. The SBT does not decide internal reviews.

You have 30 days to request the internal review after you receive the original decision. The ODSP, DAU, or OW office then has 30 days to respond to your request. If you disagree with the internal review decision, you must file your appeal with the SBT within 30 days of receiving it, within 30 days of the date it should have been issued, or at the same time you file your request for internal review.

If you ask for an internal review more than 30 days after the decision, you must explain why your request is late and ask the ODSP, DAU, or OW office for an extension of time. If the request for the extension is granted and you are not satisfied with the result of the review, you may appeal to the SBT. If the extension is not granted, you cannot appeal to the SBT.

If you are filing an appeal and more than 30 days has passed, but less than one year since you received an internal review decision, you must ask the SBT for an extension of time.

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Find out what can or cannot be appealed

Not all ODSP or OW decisions can be appealed. In general, you can file an appeal with the SBT if you disagree with a decision about social assistance under the Ontario Works Act or the Ontario Disability Support Program Act, that deals with:

• whether you are or continue to be a person with a disability
• an overpayment
• a denial of a benefit or assistance
• a cancellation of a benefit or assistance
• a reduction of assistance
• a change in the status of your file

What cannot be appealed:

• decisions about discretionary benefits
• decisions not to extend the time for internal review
• decisions about paying a portion of financial assistance directly to a third party, like your rent or utility bills
• decisions about employment supports

Human Rights Issues

The SBT has jurisdiction to consider challenges to the Ontario Disability Support Program Act and the Ontario Works Act under the provisions of the Human Rights Code. Please see the Practice Direction Human Rights Issue or Challenge for more information.

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Getting legal help

You may get legal help from community legal clinics, a private lawyer, or a paralegal. If you want help from a legal aid clinic, it is important to contact the clinic as soon as possible. Legal aid clinics are very busy and will need time to set up appointments with you to review your file and obtain any documents they think are important to your case.

If you choose to represent yourself, SBT staff and adjudicators cannot give you legal advice at any time. Learn about the SBT’s rules and practice directions.

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Language services

The SBT’s documents and forms are available in both French and English. SBT proceedings can be conducted in English, French or in both languages. If your appeal is filed in French, a bilingual adjudicator will be assigned to your hearing. If you filed in English but would prefer to continue in French, please tell the SBT as soon as possible.

Tribunals Ontario is committed to ensuring that French language services are clearly visible, easily accessible, publicized and of equivalent quality to services offered in English. Information is available in Tribunals Ontario’s French Language Services Policy . All correspondence submitted to the SBT must be in English or French.

The SBT can provide interpreters for hearings for languages other than French or English, including sign language. You can request an interpreter on page 2 of the Application for Reconsideration Form . If you have already submitted your appeal form but need to request an interpreter, contact the SBT as soon as possible. It can take time to arrange an interpreter; so please make your request well in advance of your hearing.

The SBT does not provide translation services, including translating correspondence from French to English or English to French.

How to file an appeal

You can submit your appeal electronically by e-mail, mail or fax. There is no fee to file an appeal with the SBT. The Appeal (Form 1) is available online, at any Ontario Disability Support Program (ODSP) or Ontario Works (OW) office, and at community legal clinics. If you need help filling out the form, contact the SBT. Within one month after you file your appeal form you will receive a letter with your SBT file number. Keep your file number in a safe place – you will need it whenever you contact the SBT. You can find all of the forms you will need in Forms and filing.

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Notice of appeal to ODSP, DAU or OW Office

Once you file your appeal, the SBT will send a copy of it to your ODSP, DAU or OW office. The ODSP, DAU or OW office then has 30 days to:

• File a Response to Appeal (Form 3) with the SBT and send you a copy. The Response to Appeal says whether the office has any objections (e.g. they say you didn’t ask for an internal review or the SBT doesn’t have jurisdiction). It will also say if they will file a written submission. A written submission explains why they made their decision and what information they are going to rely on at a hearing.
• Provide you and the SBT with a copy of its written submission, if they are filing one.

Note: If the Response to Appeal says the office is providing a written submission and you don’t receive it, you should contact the ODSP, DAU or OW office to ask for it.

Pre-Hearing Conferences

A pre-hearing conference can reduce the length of, and simplify, a hearing by helping parties to prepare properly for the hearing and by prompting pre-hearing disclosure of each party’s case. See the Practice Direction on Pre-Hearing Conferences for more information.

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Notice of hearing

The SBT will send you and the ODSP or OW office a Notice of Hearing that tells you when your hearing will take place. This usually happens four to eight weeks after you file the appeal. The Notice of Hearing will tell you whether your hearing will be held by telephone, by video conference or in writing. The length of time until a hearing may vary; generally, it will be several months after you file your appeal.

If you cannot participate in a hearing by video proceeding, the SBT may schedule a hearing by telephone or in another hearing format. Please contact the SBT for additional information.

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Early resolution opportunities

An Early Resolution Opportunity (ERO) is a chance for you and an ODSP or OW representative to talk about and try to resolve the issue you are appealing. An ERO is usually scheduled shortly after the appeal is filed and will take place before your hearing. An ERO can result in an exchange of information documents and may narrow or resolve the issues you are appealing.

An SBT Appeal Resolution Officer acts as a mediator during the ERO. The Appeal Resolution Officer does not act on your behalf; they help keep the discussion on topic. Not every issue can be scheduled for an ERO. If you want more information on the ERO program or you want to know why your file was not scheduled for an ERO, contact us. Information about EROs is available in the Practice Direction on Early Resolution Opportunities

Watch the video: Early Resolution Opportunities

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Interim assistance

If you are experiencing financial hardship you can ask the SBT for interim assistance by completing Part 5 of the Appeal (Form 1) at any point while your appeal is active.

Interim assistance is financial help that the SBT can order ODSP or OW to provide while you wait for your hearing. Not everyone qualifies for interim assistance. To help the SBT determine if you are eligible, you need to provide information about your income and your expenses. Being granted interim assistance does not mean you have won your appeal. If your appeal is denied, the interim assistance you have received will be assessed as an overpayment by ODSP or OW and you will have to pay it back.

SBT will notify you if you are or are not going to receive interim assistance by mail.

If SBT grants you interim assistance, your ODSP or OW office may disagree with it. If they do, they can object to the order by filing an objection with the SBT. You will also receive a copy of the objection. Once you receive the objection, you have seven days to respond. Your response must be in writing. If the ODSP or OW doesn’t object right away, they will have to pay the interim assistance and file the objection later.

For more information, see the Appeal Form and the Practice Direction on Interim Assistance . If your request for interim assistance has the necessary information, it will be processed quickly.

Watch the video: Interim Assistance

Extension of interim assistance

Interim assistance only lasts for a limited time. Your interim assistance order tells you the start and end dates. You can request an extension by emailing, mailing, or faxing your written request to the SBT at least 14 days before your interim assistance ends. In your request, confirm that you continue to experience financial hardship. If your request is urgent or you can’t e-mail, mail, or fax it, call the SBT. Your request will be reviewed quickly. If your request is granted, you and your ODSP or OW office will receive an Extension of Interim Assistance order in the mail.

If you are late requesting an extension and your interim assistance order has expired, you will need to reapply for interim assistance.

When will your hearing take place?

Your hearing will take place in about 8 months after you file your appeal.

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What can you do to prepare for your hearing?

While waiting for your hearing date, you can gather information or evidence that you believe will help support your appeal. For example, medical records, banking information, income statements and any information you think is relevant to your appeal.

For disability appeals: You will need to send any new medical documents to the Disability Adjudication Unit (DAU) and the SBT together with a New Medical Information form (Form 5) . “New” means documents that DAU did not already have when they made the decision you are appealing.

Any material you send to the SBT and Ontario Disability Support Program (ODSP) or Ontario Works (OW) should be readable, double spaced and have margins on both sides of the page. The pages must be numbered. If you are sending more than one document, include a cover page that lists the title of each one and its page number. For details, see Rule 5 of the Rules of Procedure .

If you are going to refer to sections of the Ontario Disability Support Program Act or the Ontario Works Act, please see our Laws, rules and decisions page.

If you are going to refer to any court or SBT decisions, you may search the search the Canadian Legal Information Institute (CanLII).

Copies of any documents you want to use in your appeal must be sent to the SBT and the ODSP, DAU or OW office as soon as possible. All copies must be exactly the same.

Documents and evidence must be filed 30 days before your hearing for disability eligibility cases, and 20 days before your hearing for financial ODSP and OW cases. At least 20 days before the hearing, you must send the ODSP, DAU or OW office a list of all your witnesses. Send a copy of the list to the SBT at the same time.

Use the Statement of Delivery (Form 7) to provide proof that your documents were delivered to the ODSP, DAU or OW office. It is important that you keep a copy of all your documents for yourself.

For more information about disclosure of documents and witnesses, see Rule 5 and 7 of the SBT’s Rules of Procedure.

Note: If you move or your contact information changes you must tell the SBT right away. Call or write your Appeal Resolution Officer with your updated information.

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What if you need to change the date of your hearing?

If you need to request to change the date of your hearing, you will need to request an adjournment.

You must first send your request to the ODSP, DAU or OW office to ask for their consent. Once you have heard back from that office, send their response and your written request to the SBT. It can take some time to hear back from ODSP, DAU or OW. That is why it is important to make your request as early as possible. If you do not hear back from ODSP, DAU or OW in a reasonable amount of time, you can explain that when you send in your request to the SBT.

If the SBT denies your request for a new hearing date or if you have not received a response, you must attend the hearing. You can ask the adjudicator for an adjournment at the hearing, but you must be ready to proceed if your request is refused.

A party who does not agree to an adjournment must send a written explanation to the SBT and the requester. The SBT’s copy must include information about when and how they provided the requester with the response.

In deciding whether to allow an adjournment the SBT may consider any of the following circumstances:

• is it necessary to ensure a fair and timely hearing
• the reasons for the request
• any earlier requests to adjourn or reschedule
• the conditions attached to any previous changes in the hearing date, such as an order that it must go ahead unless there are unforeseen circumstances that make it unfair to do so
• whether the request was made as soon as possible
• whether the party tried to avoid the need for an adjournment
• whether anyone would be unduly prejudiced if the request was allowed or denied
• whether the request is on consent
• when the requester began to prepare for the hearing
• when the requester tried to retain legal representation
• whether the legal representative retained after the date was set is unavailable on that date
• whether the issues are complex or simple
• any urgency in the circumstances of the case
• any serious personal emergency or compassionate factors, and
• any other factor that is relevant

For further information, please see the Practice Direction on Rescheduling of Hearings and Adjournments .

Scheduling conflicts or vacations of legal representatives may not be a reason to allow an adjournment. It may be expected that someone else in the office may be able to attend the hearing on behalf of the party.

How to prepare for a video proceeding

Before the day of your hearing

1. Check the Notice of Hearing you received from the SBT for the time and date of your hearing. You will also receive an e-mail the week before your hearing. It will include a Zoom link to join the video proceeding. Save the notice and the e-mail so you can access this information on the day of your proceeding.
2. Make sure you have access to a computer or Smartphone with a camera and microphone. If you have access to a computer, it may provide a better connection and video viewing experience compared to a Smartphone. You can, wear headphones for better sound quality.
3. Download and install the Zoom app on your computer or Smartphone if you don’t already have it. You can also use Zoom via the internet as another option to connect. For more information on how to join by Zoom, please watch the video guide How to Join a Virtual Proceeding .
4. Check that your computer or Smartphone is working properly by:
   1. Checking your internet speed – for more information on how to check your internet speed/bandwidth, review the Tips for Connecting to your Zoom Proceeding .
   2. Testing your microphone – make sure others can hear you by testing your speaker(s) and headphones to make sure you can hear during the hearing.
   3. Conducting a Zoom test – join a test meeting on the Zoom website.
   4. Familiarizing yourself with the Zoom features – make sure you know how to raise your hand, mute and unmute, rename yourself, and share your screen or a document. For more information on how to use these features, watch Basic Zoom Controls in Virtual Proceeding and Additional Zoom Controls in Virtual Proceeding .

On the day of your hearing, if the Zoom link or your internet connection does not work, you can also join the proceeding by telephone. Call any of the numbers listed on the Zoom e-mail and enter your meeting ID.

Can I get help with transportation to my hearing?

Under some circumstances, the SBT may be able to pay the cost of transportation to the hearing. To ask for help, submit a Request for Travel Assistance (Form 6) to the SBT.

How do you withdraw (close) your appeal?

You must write to the SBT to request your appeal to be closed. The SBT will send you a letter confirming that your appeal has been closed. For more information, see Rule 9 of the SBT’s Rules of Procedure.

Your hearing

On the day of your hearing, please join the teleconference or video conference 15 minutes early. SBT adjudicators can have several appeals per day so please be patient if there is a delay in starting your hearing. SBT hearings are private and confidential, but you may bring a support person to your hearing, such as a family member or a friend, if you need one. For more information, see the Practice Direction on Representation .

SBT hearings are less formal than court proceedings and are scheduled for 90 minutes. In general, a hearing may include:

• the SBT adjudicator who hears and decides the appeal
• you and your legal representative, if you have one
• a representative from Ontario Disability Support Program (ODSP) or Ontario Works (OW)
• witnesses
• a friend or family member to support you
• an interpreter if you have asked for one

Hearings are recorded and available on request for a small fee. See the Practice Direction on Recording Proceedings , for more information about recordings.

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The role of the adjudicator

When the hearing starts, the adjudicator will explain the hearing process. The adjudicator may ask you and the ODSP, Disability Adjudication Unit (DAU), or OW representative whether you agree on the issue being appealed and any facts.

The adjudicator will then conduct the hearing. They must stay neutral. The adjudicator cannot provide legal advice or tell you how to present your case, but may ask you questions to better understand your position or your evidence.

When the hearing is over, the adjudicator will consider all the evidence, arguments and the relevant law before making a decision. They will then write a decision explaining the result. You will not receive a decision on the day of your hearing. The SBT will send you a copy of their written decision within 60 days.

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The role of the parties

The hearing is your opportunity to explain why you think the ODSP, DAU or OW decision is wrong and give your evidence. Both parties present their arguments. The adjudicator and the representative from the ODSP, DAU or OW office may ask you questions. You may also ask questions.

All persons participating in a hearing before or communicating with the tribunal must act in a manner that is courteous and respectful of the tribunal and other participants in the proceeding as per Tribunals Ontario’s Common Rules .

Your decision

The SBT adjudicator does not give their decision at the end of the hearing. The SBT will send you a copy of their written decision within 60 days. If you have not received your decision within 60 days of your hearing, please contact the SBT.

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What happens if you win your appeal?

The SBT will order the Ontario Disability Support Program (ODSP), Disability Adjudication Unit (DAU) or Ontario Works (OW) office to correct what the SBT found was wrong with its decision. For example:

• if your assistance was cancelled, it will be restored
• if the SBT found that you are a person with a disability, your ODSP office will contact you to enroll you in their program
• if the SBT decides that an overpayment is not correct, the amount you owe will be reduced, reversed or be made uncollectable

The ODSP, DAU or OW office must implement the decision even if it plans to ask the SBT to reconsider the decision or appeal the decision to the Divisional Court.

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What happens if you lose your appeal?

If you lose your appeal, the SBT will not order any changes to the ODSP, DAU or OW office’s decision.

If you received interim assistance during the appeal period, the money you received will be treated as an overpayment and you may have to pay it back.

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Reconsideration process

If you lose your appeal and feel the SBT made a mistake in its decision, you have 30 days to ask for a reconsideration. If more than 30 days have passed, you must ask the SBT for an extension. The SBT may consider a late Application for Reconsideration if there is a good reason for the delay.

Note: The SBT cannot accept an application for reconsideration made more than one year after the date of the decision.

Complete the Application for Reconsideration (Form 2) and send it to the SBT by e-mail, mail or fax. The SBT will send you a letter confirming it has been received. Once the SBT reviews your application, it will determine if a new hearing should be held and send you a letter with that decision.

The SBT may reconsider a decision if it appears there:

• was a legal or jurisdictional error
• was procedural unfairness
• are new facts that were not available at the time of the hearing which could change the decision

The ODSP, DAU or OW office can also apply for a reconsideration of a decision.

If a request for reconsideration is granted, a new hearing may be scheduled. If your request is denied, you can choose to accept the decision or appeal it to Divisional Court.

For more information, see the Practice Direction on Reconsideration Requests .

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Appealing to Divisional Court

You can appeal the SBT‘s final decision to the Divisional Court, but only based on an error of law. Your appeal must be filed in the Divisional Court within 30 days of receiving the decision or the reconsideration from the SBT. You can contact the courthouse for more information about the appeal process. You can also download the Guide to Appeals in Divisional Court from the Divisional Court’s website. You might want to get legal advice before deciding whether to appeal.

Your ODSP, DAU or OW office can also file an appeal to the Divisional Court.

The Divisional Court’s decisions are available on CanLII.

Timelines

TBD