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Appeals - Tribunal as Party to Appeal

It is increasingly common for a tribunal being appealed from to have the right to be heard on an appeal [eg. Residential Tenancies Act (RTA), s.210(3)], or even the right to initiate an appeal by themselves [eg. RTA s.211].

This right is normally, but not always, stated in the parent statute of the tribunal. Parties considering an appeal from a tribunal order or decision should canvass the relevant parent statute and the tribunal website for such rights, as - if they exist - the tribunal is normally entitled to notice of the appeal, and perhaps further procedural entitlements that the party must comply with.

. Canadian Pacific Railway Company v. Canada (Transportation Agency)

In Canadian Pacific Railway Company v. Canada (Transportation Agency) (Fed CA, 2021) the Federal Court of Appeal considered the increasingly less-odd situation where the tribunal was heard on appeal:
[49] The Agency appeared and was heard on this appeal, as is contemplated by subsection 41(4) of the Act. The jurisprudence has established that where a tribunal is entitled to be heard, it is not entitled to argue the merits of the appeal or to take a position which puts it into an adversarial position with a party who will continue to appear in the future: see Canada (Attorney General) v. Quadrini, 2010 FCA 246, [2012] 2 F.C.R. 3, at para.16; Ontario (Energy Board) v. Ontario Power Generation Inc., 2015 SCC 44, [2015] 3 S.C.R. 147, at para. 72.


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