Decisions, Orders and Reconsiderations
Issuing DecisionsAfter the hearing, the tribunal member(s) hearing the appeal or application will deliberate and issue a decision with written reasons that explain why the LAT reached its decision. The LAT 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 LAT decisions on CanLII here.
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.
LAT cannot help with the enforcement of orders. Individuals are encouraged to get legal advice.
ReconsiderationsUnder the Rules of Practice and Procedure, a party can ask the LAT 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
- The LAT acted outside its jurisdiction or violated the rules of natural justice or procedural fairness;
- The LAT 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 LAT 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.
Appealing a LAT-AABS Decision
Decisions made by a LAT-AABS adjudicator can only be appealed if they contain a legal mistake. However, in limited circumstances, a party who is dissatisfied with a decision can request a “judicial review” by the Divisional Court.
Appeals must be filed with the Divisional Court within 30 days of the date the LAT releases its decision. You will find this date at the end of the decision document.
The Ministry of the Attorney General’s Guide to Appeals in Divisional Court explains how to apply for an appeal in Divisional Court.
LAT hearings are not recorded. The Divisional Court will ask if there is a transcript of the hearing, but there will not usually be one. The only reason there would be a recording would be if one of the parties asked for permission to record the hearing, and a court reporter made a transcript from the recording.
You may want to get legal advice before you start your appeal.