Administrative Tribunal Members Can Rule on Requests for Reconsideration of Their Own Decisions
There are many administrative tribunals set up in Ontario: typically established to render quick decisions in specialized areas of the law. When a decision is rendered by a tribunal adjudicator or member, a losing party may want to have that decision reconsidered by the tribunal because of some alleged errors made by the adjudicator in respect of the law or in relation to the facts: in some respects, it is akin to a quasi-appeal.
When litigants think of appeals, the first thing that comes to mind is that their case will be reviewed by another set-of-eyes, and not reviewed by the same person who made the decision that is now under reconsideration. This recent Divisional Court decision points out that in the context of a tribunal, a request for a reconsideration can be ruled upon by the very same adjudicator who rendered the initial decision. Although this may sound strange, the Divisional Court pointed out that:
“The practice of members reconsidering their own decisions is a familiar feature in the administrative law landscape. Along with the Human Rights Tribunal of Ontario and the Landlord and Tenant Board, similar practices are followed by the Information and Privacy Commissioner of Ontario, the Ontario Labour Relations Board, the Workplace Safety Insurance Board, the Workplace Safety and Insurance Appeals Tribunal, the Financial Services Tribunal and Health Services Appeal and Review Board.
Having members reconsider their own decisions contributes to the goal of efficiency and expeditiousness since the adjudicators know the file and are therefore best placed to assess the issues raised in a reconsideration request. Reconsideration under the LAT Rules is not a hearing de novo or an appeal: it is a corrective mechanism which allows an adjudicator to correct overriding errors or fundamental evidentiary concerns. I agree with Aston, J. in Landau v. Ontario (Minister of Finance), 2012 ONSC 6926 at para. 16: “The mere fact that an adjudicator determines a request for reconsideration of his or her own decision does not, in and of itself, create a reasonable apprehension of bias in the context of this legislative scheme.” This is consistent with Bagherian v. Aviva Insurance Company at para. 12.”
Warren v. Licence Appeal Tribunal, 2022 ONSC 3741
https://www.canlii.org/en/on/onscdc/doc/2022/2022onsc3741/2022onsc3741.html