Key Takeaways
- Appeals are usually decided on the record of the proceeding.
- Statutes provide for a certified copy of the record (e.g. OCT Act, s. 35(3); PEA, s. 31(2)).
- New evidence is admitted only in limited circumstances.
- Put all relevant evidence before the panel the first time.
The Record
Discipline statutes require the regulator to provide a certified copy of the record, including documents received in evidence and the decision, to a party who wants to appeal (e.g. OCT Act, s. 35(3); PEA, s. 31(2)). The appeal is usually argued on that record.
Avoiding the Problem
- Call all your witnesses and file all your documents at the hearing.
- Ask for adjournments if key evidence is not yet available.
- Raise objections on the record when they arise.
Frequently Asked Questions
When might new evidence be allowed?
Typically where it could not reasonably have been obtained earlier and could affect the result. Courts apply strict tests.
Can I appeal because my lawyer missed evidence?
That is a difficult argument. Get specific advice.
Sources
Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.
- Ontario College of Teachers Act, 1996, s. 35 — Checked November 10, 2026.
- Professional Engineers Act, s. 31 — Checked November 10, 2026.