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 DecisionsDecisions 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.