CanadaWhat happens if an administrative tribunal makes an error — can I appeal to a court?
Yes, you may appeal an administrative tribunal’s decision to a court — but only on questions of law (not fact or discretion), and only if the statute allows it or judicial review is available.
What the Law Says
Canadian law does not give a general right to appeal tribunal decisions to court. Whether you can appeal — and on what grounds — depends entirely on the statute that created the tribunal.
Administrative tribunals are created by provincial or federal statutes. Their powers — including whether and how their decisions can be challenged — are defined by those laws.
Most tribunal statutes either: (1) allow a direct appeal to a court on questions of law (and sometimes jurisdiction), or (2) provide no appeal, leaving judicial review as the only option.
Judicial review is not an appeal — it’s a court’s examination of whether the tribunal acted fairly, within its authority, and according to law.
What Courts Have Said
The Supreme Court of Canada has confirmed that tribunals must stay within the legal authority granted by their enabling statute — and courts have a constitutional role in ensuring they do.
The Court upheld that legislatures may create administrative tribunals to decide certain matters (e.g., employment standards), but those tribunals must operate within the jurisdiction assigned by law — and courts retain the power to review whether they exceeded it.
What to Do
Check the statute that created the tribunal — look for sections titled 'Appeal', 'Review', or 'Rights of Appeal'.
Note any deadlines — appeal periods are often strict (e.g., 10–30 days from the decision date).
If no appeal is allowed, apply for judicial review in the appropriate superior court (e.g., Ontario Superior Court or Federal Court).
Consider consulting a lawyer — grounds for judicial review (like procedural fairness or jurisdictional error) are technical and require evidence.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.