Decisions, Orders and Reconsiderations


Issuing Decisions

After the hearing, the tribunal member(s) hearing the appeal or application will deliberate and issue a decision with written reasons that explain why the ACRB reached its decision.

The ACRB sends a copy of the decision to both parties.

Public Access to Decisions

Decisions are also posted on the Canadian Legal Information Institute (CanLII) website. CanLII is an online platform that offers free public access to tribunal and court decisions.

You can access ACRB decisions on CanLII here.

Orders

Adjudicators can make orders during the case conference, the hearing or as part of the decision.

The adjudicator’s orders are legally binding. They have to be followed.

If either party believes that the other party is not obeying an order, or if a party is having trouble getting the remedy that the adjudicator has ordered, the order can be registered with the Superior Court of Justice. It is then enforceable, as if it is an order of that Court.

ACRB cannot help with the enforcement of orders. Individuals are encouraged to get legal advice.​​ Information on how to get legal advice can be found here.

Reconsiderations

Under the Rules of Practice a party can ask the ACRB to reconsider its decision, but must do so within 21 days of the date of decision. ACRB’s Rules of Practice can be found here.

A request for reconsideration from a party must be served on all other parties and must include:

  • Reasons for the request, specifying applicable criteria under Rule 18.2;
  • Notification if the party is seeking judicial review or pursuing an appeal in relation to the decision; and
  • Remedy or relief sought

Requests will be considered by the Executive Chair (or delegate). Requests will not be granted without first giving the other side an opportunity to respond. ​

A request for reconsideration will not be granted unless the Executive Chair is satisfied that one or more of the following criteria are met:

  • The ACRB acted outside its jurisdiction or violated the rules of natural justice or procedural fairness;
  • The ACRB made a significant error of law or fact such that the Tribunal would likely have reached a different decision had the error not been made;
  • The ACRB heard false or misleading evidence from a party or witness, which was discovered only after the hearing and would have affected the result; or
  • There is new evidence that could not have reasonably been obtained earlier and would have affected the result.

Reconsiderations are published on CanLII here.

Appealing an ACRB Decision

A party can also appeal an ACRB decision to the Superior Court of Justice. The right of appeal and the applicable requirements are set out in section 18 of the OSPCA Act.