Appeal Of Administrative And Arbitration Decisions In Canada

Often times, clients will engage a lawyer only after the first level of an administrative or arbitral decision has been levied against them.

Whether it's a decision of a residential tenancy board, a professional college or an arbitration under a services contract, decisions of administrative boards and certain arbitrations have the potential to significantly impact one's plans with respect to the matters under review. Understanding the different avenues to appeal administrative and arbitration decisions and how those avenues impact the standard a reviewing Court will employ is important for any appeal.

When appealing or applying for judicial review of an arbitration or administrative decision it is important to understand that while the case law overlaps, and at times diverge, it continues to evolve. Note, however, that decisions of labour tribunals and labour arbitrators may at times require separate considerations than those outlined below.