Information Sheet - Statutory Appeals from Decisions of the Licence Appeal Tribunal

(Disponible en français)

How do I appeal a Licence Appeal Tribunal decision?

The Licence Appeal Tribunal Act, 1999 provides that a party to a proceeding in many matters before the Tribunal may appeal a Tribunal decision or order to the Divisional Court. The Highway Traffic Act provides for appeals to the Superior Court of Justice of Ontario from decisions of the Tribunal concerning suspension of driver’s licence due to medical reasons under Section 47(1)(b) of the Highway Traffic Act or downgrade of the class of driver’s licence under Section 32(5)(b)(i) of that Act.

Whether your appeal is brought under the Licence Appeal Tribunal Act, 1999 or the Highway Traffic Act, you must file it within 30 days of the date the Tribunal issues its decision. This appeal period is not set by the Tribunal, and the Tribunal does not have the authority to extend it. The date the Tribunal issues its decision is provided at the end of the decision.

You will need to complete a Notice of Appeal to start your appeal to the Divisional Court or the Superior Court of Justice. In each case, you will be required to comply with the applicable rules and requirements of the Court when filing your appeal. These include rules on what forms to use, time-limits to meet, and the manner in which the documents are to be “served” or provided to the other parties.

Forms and information for your appeal are available on the website of the Ministry of the Attorney General. For general telephone inquiries, call the Ministry of the Attorney General at: Tel: (416) 326-4263. Information regarding the Superior Court and the Divisional Court, including Court addresses, are available on the Superior Court’s website.

To order transcripts of recorded hearings contact a certified court reporter. The Tribunal will send the hearing recording directly to the court reporter you chose. Arrangements for the cost and delivery of the transcript are made between you and the court reporter. The Tribunal must remain neutral and we cannot help parties who are appealing the Tribunal’s decisions or orders.

Important Points to Remember

• You must comply with the rules and requirements of the Court when filing your appeal.
• The Attorney General and Superior Court’s websites listed above can provide you with important information whether you are appealing under the Highway Traffic Act or under the Licence Appeal Tribunal Act, 1999.
• Always send a copy of your Notice of Appeal to the Tribunal.
• You have only 30 days from the date the Tribunal issues its decision to file your appeal.

This information sheet is intended to provide general information to Appellants and other parties. It does not constitute legal advice. If you wish to obtain legal advice, you should consult a person licensed by the Law Society of Upper Canada (tribunalsontario.ca/lat).