Decisions

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

At the Hearing

After the Member has received all submissions from the parties, the Member considers the submissions. The Member may give an oral decision at that time or may reserve the decision for a later date. If the decision is reserved, a decision with Written Reasons will be e-mailed or mailed to the parties.

Notice of Decision

If an oral decision is given at the hearing, a written confirmation of the decision will be sent to the parties after the hearing. If a request for Written Reasons is made, the decision will be sent with the Written Reasons.

Written Reasons for a Decision

Any party may request Written Reasons for the Member’s decision. Written Reasons outline why the Member made their decision. To request Written Reasons, you must ask the Member at the hearing or make a request in writing to the Assessment Review Board (ARB) within 14 days of your hearing.

Review of a Decision

The ARB‘s Rules of Practice and Procedure provide guidelines for reviewing decisions. A review is not an opportunity to reargue an appeal. On review, the ARB must consider:

• whether the ARB acted outside of its jurisdiction or violated the rules of natural justice or procedural fairness
• whether a significant error of law or fact was made such that the ARB would likely have reached a different decision
• whether the ARB heard false or misleading evidence which was discovered only after the hearing and would have affected the result
• there is new evidence that could not have reasonably been obtained earlier and have affected the result

To request a review of decision, a party must have requested Written Reasons for the decision.

A request for review shall be made in writing to the ARB no more than 30 days after the decision was issued, shall be copied to all parties, and shall include:

1. the requester’s full name, address, telephone and e-mail address
2. the full name, address, telephone and e-mail address of the requester’s representative (if any)
3. the requester’s or representative’s signature
4. brief reasons for the request
5. the desired result
6. any documents which support the request, including copies of the original decision and new evidence that was not available at the hearing
7. whether the requester has or will submit an application for leave to appeal or for judicial review to the court
8. a filing fee of $125.00 (must be paid by credit card)
9. an affidavit stating the facts relied upon in support of the request

How to Seek Leave to Appeal an ARB Decision

A decision from the ARB may be appealed to the Divisional Court of the Superior Court of Justice only on a question of law. To start the process of appealing, you must apply to the Divisional Court and seek leave to appeal. People usually consult legal counsel to explore this option. Get legal help.