Who is legible to apply for a review or appeal?
In general, only a party to an application can request that an order be amended
or reviewed. A party is a person who is named in the order as an applicant or
a respondent. A person who represented a party in an application can also
make the request on that person’s behalf but an exception occurs if a person is not a party to an application but is directly affected by the order, then the Board allows that person to file a request as a “potential party”. A member of the Board will decide whether or not that person is a party.
When to request an appeal or review
This request can be made by a party who believes that there is a serious error in an order, or that a serious error occurred in the Board’s proceedings. However, the Request to Review an order is not an opportunity for a party to have their matter heard a second time if they are not satisfied with the Board’sdecision.
What is an appeal to a divisional court?
If a party believes that an order of the Board contains an error in law, that party can appeal the Board’s order to the Divisional Court of the Superior Court of Justice. The Court will hear the appeal and make a decision about the legal correctness of the Board’s order. The deadline to appeal a Board order to the Divisional Court is 30 days after the date the order was issued. If the 30 day deadline has passed, a person filing an appeal can bring a motion requesting an extension of time before a judge of the Divisional Court.
Requesting an extension of time
When a person wants to make a Request to Amend an Order or a Request to Review an Order, and the 30 day deadline to do so has passed, they must also make a Request to Extend or Shorten Time. This form is available from the Board. If a person is requesting an extension of time they must explain the reason(s) that they were not able to meet the 30 day deadline. A member of the Board will consider the reason(s) and make a decision to either grant or deny the request. If the member denies the extension of time, the Board will return the Request to Amend an Order, or the Request to Review an Order, to the person who made the request. If the member grants a request for an extension of time, this does not mean that the Request to Review an Order or the Request to Amend an Order will also be granted. The member will consider both requests individually.