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Steps of an Appeal



The steps of an appeal are the following, however these steps can vary. These steps are further detailed in the Rules of Procedure.


1A NOTICE OF APPEAL IS FILED
 To appeal a decision, complete and send a Notice of Appeal (Form 1) to the Registrar by a means set out in rule 2.2.  The Registrar returns a filed copy to the parties.
2THE HEARING DATE IS SET
 The Registrar sets a hearing date and issues a Notice of Hearing.
3THE RECORD IS FILED
 Within 15 days of receipt of the Notice of Appeal, the regulator or decision-maker must file the Record of the Decision-Making Process. The Registrar returns a filed copy to all the parties. See rule 5.3.
4PRELIMINARY MOTIONS ARE FILED
 Consider whether you have any procedural or preliminary issues that can be resolved by the Tribunal.  See Motion for more details.
5DOCUMENTS ARE SHARED
 The Record may contain all the evidence necessary to the appeal. If it does not and you want to present documents at the hearing in addition to those contained in the Record, you must provide copies to all parties within the time fixed by the hearing panel. Keep the originals (or copies if not available) for the Tribunal at the hearing. See rule 10.3.
6EXPERT WITNESSES ARE IDENTIFIED
 If you want to call an expert to testify at the hearing or want to present an expert's report at the hearing, provide all other parties with the information set out in rule 10.6 within the time fixed by the hearing panel. Keep the originals  of the report (or copies if not available) for the Tribunal at the hearing.
7SUMMONS TO WITNESS ARE OBTAINED
 The Record may contain all the evidence necessary to the appeal. If it does not and you want to bring witnesses to testify at the hearing, consider preparing a Summons to Witness (Form 8) for any witnesses you intend to bring to testify at the hearing.  For more information, see rule 10.8 and How to Prepare for the Hearing of an Appeal.
8STATEMENTS OF POSITION ARE FILED
 The parties file their Statement of Position (Form 14) within the time fixed by the hearing panel.
9PREPARATION FOR THE HEARING
 Prepare for the hearing.  For more information, see How to Prepare for the Hearing of an Appeal.
10DOCUMENTS ARE PROVIDED TO THE REGISTRAR
 Within the time fixed by the hearing panel, provide to the Registrar those documents not included in the Record you intend to present at the hearing.
11THE HEARING IS HELD

 
The parties attend the hearing at the location, date and time set out in the Notice of Hearing. Failure to attend the hearing can have serious consequences.
12THE DECISION IS ISSUED
 After the hearing, the panel typically writes a decision, which may take between one to several months. You will receive a copy of the decision.
13THE DECISION IS REVIEWED
 Carefully review the decision.  If you do not agree with the decision, you may have the right to appeal the decision or seek judicial review. The decision takes effect immediately, unless a stay is obtained pursuant to subsection 48(4) of the Financial and Consumer Services Commission Act.