Filing a Notice of Appeal
To appeal a decision to the FST, you must file a notice of appeal. The FST has created a form to assist potential appellants, the Notice of Appeal (Form 1); however you do not have to use the form. If you choose not to use the form, your notice of appeal must conform to section 22 of the Administrative Tribunals Act and Rule 3 of the FST Practice Directives and Guidelines.
Your notice of appeal must be accompanied by the appeal fee of $850. This fee is required by the Financial Services Tribunal Regulation and cannot be waived by the FST. The fee may be paid by cheque, money order, or bank draft made payable to the Minister of Finance.
Time Limit to File Appeal
A notice of appeal must be filed in accordance with the statute under which the decision being appealed was made, or otherwise within 30 days of the date of the decision being appealed. The FST may only extend the filing period where the appellant demonstrates that special circumstances exist. See Rule 3.2 of the FST Practice Directives and Guidelines.
Advice on Meeting the Notice of Appeal Standard
Your notice of appeal should clearly explain why or how you believe the original decision was wrong or why the process leading to the decision was unfair. General statements such as “the decision is contrary to the law” or “it is against the weight of the evidence” may not be sufficient to have an appeal accepted by the FST.
The notice of appeal must demonstrate that the appeal is well-grounded and has a reasonable chance of success. The grounds for the appeal must briefly but clearly explain the error of fact, error of law, or error in process that the appeal is based upon. You will also have a chance to provide more information later in the appeal process, and to reply to other parties’ submissions.
Decision Publication Policy
FST Decision Publication Policy
Parties to appeals should be aware that information supplied to the FST is subject to public scrutiny and review. Hearings before the FST are typically conducted in writing, rather that in person, however hearing materials are available to the public, except where the FST orders otherwise.
Decisions made by the FST are posted publicly on this website and on CanLII, in accordance with the FST Decision Publication Policy. The names of the parties and their representatives will be included in the published decision, except where the FST orders otherwise
The FST is subject to the Freedom of Information and Protection of Privacy Act and its regulations. If a member of the public requests information about an appeal, that information may be disclosed, unless the information falls under an exception within the legislation.