There are two potential appeal routes from any
decision of the OMB.
1. Request to review under s. 43 * of the OMB Act:
It must be filed within 30 days, absent
special circumstances.
2. Appeal to the Divisional Court, with leave of the Court, on a
question of law (i.e. pure legal issue). The motion must be served
within 15 days of the decision.
Needless to say, whether either route is viable in any particular case
depends on the circumstances and the decision itself.
*Contents of a Request A party making a request for review shall file notice of such request with the Chair within 30 days of the date of the Board’s written decision. Such notice shall include:
(a) the requestor’s full name, address, telephone, fax number, and e-mail address (if any);
(b) the full name, address, telephone and fax number and e-mail address (if any) of the requestor’s representative (if any);
(c) the requestor’s or representative’s signature;
(d) the reasons for the request;
(e) the desired result of the review (such as a change or alteration to the decision or a rehearing of the proceeding);
(f) any documents that support the request, including copies of any new evidence that was unavailable at
the hearing;
(g) an affidavit stating the facts relied upon in support of the request;
(h) a statement as to whether the requestor has or will submit an application for leave to appeal or judicial review to the court; and
(i) the prescribed filing fee (cheque or money order payable to the Minister of Finance).
No comments:
Post a Comment