Alberta Advisor Office Alberta Advisor Office

Appeals Commission decisions are final and binding. However, if you are dissatisfied with your decision, there are some rare circumstances where further options might be available to you. You might be able to:

File a Reconsideration to the Appeals Commission

File a Complaint with the Office of the Ombudsman

File for Judicial Review and Statutory Appeal of Appeals Commission Decisions

You can pursue more than one of these options at the same time, keeping in mind:

  • Not every option will apply to every decision, and there are usually timelines associated with each option
  • Applying for reconsideration does not extend the time limit on judicial review
  • Filing for a judicial review does not extend the time limit to apply for a reconsideration
  • The Ombudsman will usually wait to proceed with an investigation until after the time limited for alternate remedies has expired and any ongoing matters have been resolved

You should speak with your advisor if you have any questions about pursuing any of these options.

Filing a Reconsideration to the Appeals Commission

A reconsideration of an Appeals Commission decision is only granted in one of two situations:

  • when a significant defect in the appeal process or content of the decision is demonstrated; or
  • when new evidence is accepted, and it is demonstrated that new evidence would have changed the decision

A reconsideration is not an appeal and is not an opportunity to re-argue a case or express disagreement with a decision.  A party to an appeal asking for reconsideration must provide very good reasons that point to a serious defect in the original appeal decision.

An application to reconsider a decision must be made within six months of the decision date, or within six months of new evidence becoming available. Filing a reconsideration application does not extend the six-month limitation period to judicially review or appeal the decision in court.

Talk to your advisor if you need assistance filing a reconsideration application.

Filing a Complaint with the Office of the Ombudsman

The Alberta Ombudsman responds to complaints of unfair treatment by public bodies including the Appeals Commission.

The Ombudsman will usually wait to proceed with an investigation until after the time limit for alternate remedies has expired and any ongoing matters have been resolved. The Ombudsman may refuse to investigate a matter if you had knowledge of the complaint for more than 12 months.

To file a complaint with the Ombudsman, you can visit their website at www.ombudsman.ab.ca or call (780) 427-2756 in Edmonton or (403) 297-5121 in Calgary. The toll-free number is 1-888-455-2756.

The Advisor Office does not assist clients with Ombudsman complaints.

Filing for Judicial Review and Statutory Appeal of Appeals Commission Decisions

Important

The Advisor Office cannot give you legal advice or represent you for your court action.

Judicial reviews and statutory appeals are complex. We encourage you to contact a lawyer before proceeding with court action.

We provide the following information for your information only.

Where to get Help with Court Actions

The Law Society of Alberta has a directory that helps you find a lawyer based on certain criteria. The directory can be found here:  https://www.lawsociety.ab.ca/public/lawyer-referral/

If you cannot hire a lawyer, call the Court and Justice Services Contact Centre for information or help to file documents at 1-855-738-4747 or https://www.alberta.ca/legal-assistance.aspx.

There are other options for free help here: https://pbla.ca/get-legal-help/legal-resources/.

Judicial Review and Statutory Appeal of Appeals Commission Decisions

If you are unhappy with your Appeals Commission decision, you may challenge that decision in court. This challenge can be a judicial review, statutory appeal, or both. You have no more than six (6) months to do this starting from the date of your Appeals Commission decision.

A judicial review and statutory appeal are legal actions at the Court of King’s Bench of Alberta. The court does not rehear your appeal or decide on your WCB claim. Instead, the court reviews how and why the Appeals Commission decided. The court considers the decision on standards of procedural fairness, reasonableness, and correctness. If the court finds the decision was unfair, unreasonable, or incorrect, it may order the Appeals Commission to rehear your appeal.

Steps to Challenge an Appeals Commission Decision in Court

Step 1: File an Originating Application for Judicial Review, Statutory Appeal, or both with the Court of King’s Bench of Alberta.

Step 2: Serve your Originating Application on the Appeals Commission, the Workers’ Compensation Board, your date of accident employer, the Minister of Justice for Alberta and any other party involved in your WCB claim.

Step 3: Schedule a Special Chambers court date that works for all parties. You can contact the Court Coordinator in your area to get dates for a Special Chambers hearing.

Step 4: File and serve your written submissions on or before the required date (usually three weeks before the Special Chambers hearing date).

Step 5: Show up to court on the Special Chambers hearing date and make your submissions to the Judge.

Decision: The Judge will make an oral decision on the Special Chambers hearing date or give a written decision later.

More Information on Filing and Serving Court Actions

Court actions challenging an Appeals Commission decision must be filed with the Court of King’s Bench according to the court’s rules, called the Alberta Rules of Court:

  • A Judicial Review requires an Originating Application (Form 7) filed with the Court of King’s Bench under the Alberta Rules of Court, Rule 3.15.
  • A Statutory Appeal requires an Originating Application (Form 5) filed with the Court of King’s Bench under the Workers’ Compensation Act, section 13.4.
  • A Notice to Obtain Record of Proceedings (Form 8) must be filed with your Originating Application(s).

You must also give copies of your filed court documents to other parties to inform them of your court action. This is called “serving” your Originating Application(s). You must file and serve your Originating Application(s) within six (6) months of your Appeals Commission decision date. In most cases, you must serve the Originating Application(s) on:

  • The Appeals Commission
  • The Workers’ Compensation Board of Alberta
  • Your employer at the time of the accident
  • The Minister of Justice for Alberta
  • Any other party involved in your WCB claim

The rules for serving your Originating Application(s) are in the Alberta Rules of Court, Rule 3.15 and the Workers’ Compensation Act, section 13.4.

Courts strictly apply the six (6) month time limit to file and serve your Originating Application(s). If you do not file and serve your Original Application(s) on all parties within the time limit, your court action may not proceed.