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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 FSC reached its decision.

The FSC 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 FSC decisions on CanLII.

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.

FSC cannot help with the enforcement of orders. Individuals are encouraged to get legal help.

Reconsiderations

Under the Rules of Practice and Procedure, a party can ask the FSC to reconsider its decision, but must do so within 21 days of the date of decision.

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 FSC acted outside its jurisdiction or violated the rules of natural justice or procedural fairness;
  • The FSC 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 FSC 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.

Appealing a FSC Decision

Any party to a hearing before the FSC about an order of the Fire Marshal or an order to pay costs can appeal to the Divisional Court on a question that is not purely a question of fact (see section 27 and 36(4)).

There is no appeal from a decision relating to an authorization to do work.