Complaint Process

What Happens After a Hearing

After a hearing, the Tribunal decides if there was discrimination. If not, the Tribunal dismisses the complaint. If there was discrimination, the Tribunal orders a remedy.

Usually, the Tribunal will take some time to write a decision. This can take about six months. In some cases, the Tribunal will make an oral decision soon after the hearing.

Review Options

If you disagree with a decision, you may have two options:

1. Ask the Tribunal to reconsider its decision

The Tribunal cannot reconsider a decision just because you think it’s wrong.

If you think the process was unfair, the Tribunal may agree to reconsider its decision.

Example: The Tribunal did not receive your submission.

There is a 14-day time limit to ask the Tribunal to reconsider a decision.

To learn more, see Application to Reconsider a Decision.

2. Ask the court to review the decision

The court cannot give you a remedy just because you think a decision is wrong.

The court can give a remedy if:

  • the Tribunal applied the wrong law
  • the Tribunal’s decision is “patently unreasonable”
  • the Tribunal’s process was unfair

There is a 60-day time limit to ask the court to review a final decision.

Example: The Tribunal dismissed a complaint. You have 60 days to apply for judicial review.

You can ask a court to review a decision that isn’t final, but the court may not agree to review a decision until the complaint process ends.

To learn more, see How Do I Ask the Court to Review the Tribunal Decision.

Frequently asked questions: