Decisions

Find process-related information about decisions, including what to do if you disagree with your Assessment Review Board (ARB) decision.

Decisions

At the Hearing

Once all parties have submitted their evidence and made their arguments, the adjudicator reviews the case and makes a decision. At the end of the hearing, the adjudicator will either:

1. give an oral decision, or
2. reserve the decision to be issued later. In this case, the parties will receive a written decision by email or mail, explaining the adjudicator’s reasons.

Notice of Decision

If the adjudicator provides an oral decision at the hearing, the ARB will send you confirmation of the decision, usually within 60 days after the hearing. This is called a Notice of Decision. If you also want written reasons for the decision, ask the adjudicator at the hearing or write the ARB within 14 days of the hearing.

Written Reasons for a Decision

If the adjudicator does not provide an oral decision at the hearing, the ARB will send you the decision, usually within 60 days of the hearing. This decision will outline why the member made the decision.

If the adjudicator provides an oral decision at the hearing, you can still ask to receive their reasons in writing. Ask the adjudicator at the hearing or make a request in writing to the ARB within 14 days of the hearing.

If you plan to ask for a review of the decision, you must request written reasons. You cannot ask for a review without them.

Requesting a Review of a Decision

When to request a review

Once the ARB has issued a final decision or order, you can request a review.

A review is not an opportunity to reargue an appeal. A decision will only be reviewed if:

• The ARB didn’t have the legal authority to make the decision, or the process was unfair
• The ARB made a significant error of law or fact, and that would have likely resulted in a different decision
• Evidence presented at the hearing turned out to be false or misleading, and would have changed the decision
• New evidence that could have been obtained earlier and would have changed the decision

How to Request a Review

Make your request for review no more than 30 days after the written decision was issued.

1. Complete the Request for Review of a Board Decision or Order form
2. Pay the $125 filing fee
3. Send a copy of the form, the decision and all other documentation to the ARB and every party involved.

If you did not receive written reasons you cannot ask for a review.

If there was an oral decision at the hearing, you would have had to request written reasons. If the adjudicator reserved their decision, the ARB will have sent you written reasons.

For more information about requesting a review, read:

• Infosheet: Requesting a Review of an ARB Decision
• Form: Request for Review of a Board Decision or Order
• Part 15 of the ARB Rules of Practice and Procedure

Requesting a Reinstatement of a Dismissed or Withdrawn Appeal

When to ask for a reinstatement of an appeal

You may ask the ARB to reinstate an appeal if:

1. the appeal was withdrawn, removed or dismissed in error.
2. you couldn’t attend the hearing, through no fault of your own.
3. this principles of natural justice or procedural fairness were not followed.

The ARB will deny requests that do not meet one of these criteria.

How to request reinstatement of an appeal

After an appeal is dismissed or withdrawn, you have no more than 30 days to email a Request for Reinstatement form and a sworn affidavit to the ARB, copying all other parties involved. A sworn affidavit is a written statement that you swear is true before a commissioner for affidavits.

For more information, read:

• Infosheet: Requesting a Reinstatement of a Dismissed of Withdrawn Appeal
• Part 15 (s.104) of the ARB Rules of Practice and Procedure

Appealing a Decision to the Divisional Court

You can appeal an ARB decision to the Divisional Court of the Superior Court of Justice, but only if you believe there was a mistake in how the law was applied. Before an appeal can move forward, you must ask the Court for permission (called “leave to appeal”). You have 30 days after the ARB issues its original written decision or its review decision to ask for leave to appeal. Many people choose to speak with a lawyer before deciding whether to appeal. Learn how to get legal help.