There are two main forums for resolving a legal dispute: a court of law and an administrative board or tribunal. A court of law is an ancient adjudicative forum with inherent jurisdiction in legal matters independent of any statute which may affect it. Its rules of procedure are complicated and it is constricted by longstanding rules of evidence. All legal matters can be brought in a court of law except those matters delegated exclusively to the expertise of a tribunal.
The proliferation of tribunals as an adjudicative forum is a relatively new phenomenon. A tribunal is created by statute and its powers and jurisdiction are governed by statute. Tribunals are specialized “courts” dealing with a narrow area of law, such as, workers’ compensation (Workplace Safety and Insurance Board) or tenant rights (Ontario Rental Housing Tribunal), and their procedure is usually streamlined to dispense justice in a quick, inexpensive, summary manner.
There are many differences between a tribunal proceeding and a court proceeding. In a tribunal proceeding, there is usually no provision for the exchange of formal pleadings, such as a statement of claim or defence. There is no right to have disclosure of documents or oral evidence prior to the hearing. Unlike courts, tribunals often accept hearsay evidence and unsworn testimony. While a court is bound by its findings once judgment is pronounced, a tribunal decision is not considered final unless the statute so provides and may be varied or reversed where it seems just or desirable to do so.
A tribunal decision may ultimately be reviewed by a court of law through a process called judicial review. In this “appeal” process, a court is limited in its review to determining whether the tribunal decision meets the standard of reasonableness. Considerable deference is given to the tribunal’s expertise in the judicial review process.