Reviews and Appeals

Appealing a Discipline Decision to the Divisional Court

Most professional discipline statutes give a right of appeal to the Divisional Court. The route is real, but narrow in practice.

  • Topic Reviews and Appeals
  • Sources checked November 10, 2026
Draft for legal review. This page has not yet been reviewed by Ryan J. Manilla.

Key Takeaways

  • Health, teacher, ECE, social work, veterinary, engineering and architecture statutes allow appeals on law or fact (e.g. Code, s. 70; OCT Act, s. 35).
  • Law Society matters go to the Appeal Division first (LSA, ss. 49.32, 49.38).
  • Many statutes say appeals proceed “in accordance with the rules of court.” Check the deadline immediately.
  • Some orders take effect despite the appeal.

Who Can Appeal

A party to a discipline proceeding may appeal to the Divisional Court under the Code (s. 70), the OCT Act (s. 35), the ECE Act (s. 38), the SWSSW Act (s. 31), the Veterinarians Act (s. 35), the Professional Engineers Act (s. 31) and the Architects Act (s. 36). These provisions generally allow appeals on questions of law, fact or both, and give the court the powers of the committee.

Practical Points

  • Request the certified record. Most statutes require the regulator to provide it for a fee.
  • Identify specific errors, not disagreement with the result.
  • Decide whether you need a stay.

Frequently Asked Questions

How long do I have?

The deadline comes from the court rules. Confirm it the day you receive the decision.

Does the court rehear witnesses?

Generally no. Appeals are usually decided on the record.

Sources

Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.

  1. Health Professions Procedural Code (RHPA, Sched. 2), s. 70 — Checked November 10, 2026.
  2. Ontario College of Teachers Act, 1996, s. 35 — Checked November 10, 2026.
  3. Early Childhood Educators Act, 2007, s. 38 — Checked November 10, 2026.
  4. Social Work and Social Service Work Act, 1998, s. 31 — Checked November 10, 2026.
  5. Veterinarians Act, s. 35 — Checked November 10, 2026.
  6. Professional Engineers Act, s. 31 — Checked November 10, 2026.
  7. Architects Act, s. 36 — Checked November 10, 2026.
  8. Law Society Act, ss. 49.32, 49.38 — Checked November 10, 2026.

Keep Learning About Your Proceeding

Read how Ontario regulatory proceedings typically unfold, or compare how other regulators handle complaints, hearings and appeals.