*Please note, this is a high level overview of the steps generally followed in appeals to the Hospital Appeal Board (the “Board”). For specific information relating to any of the steps, pleas refer to the provisions of the Hospital Act and the Board’s Rules.*
STEP 1: The Appellant must deliver the Notice of Appeal to the Board.
STEP 2: The Board will review the Notice of Appeal and ensure it is in compliance with the Hospital Act and the Board’s Rules. If the Board determines the Notice of Appeal is deficient, the Chair of the Board may provide a reasonable period of time for the Appellant to correct the Notice of Appeal.
STEP 3: Once the Board has received a perfected Notice of Appeal, it will acknowledge receipt and provide a copy of the Notice of Appeal to the Respondent and request a response.
STEP 4: Within 30 days after receiving a copy of the Notice of Appeal, the Respondent must file with the Board (and serve on the Appellant) a written response to the appeal which includes: the decision under appeal; a copy of all documentation before the Respondent when the decision was made; and a statement advising whether the Respondent waives an oral hearing of the appeal.
STEP 5: The Board will generally schedule a pre-hearing conference with the parties where it will canvass the following types of issues:
- The anticipated length of hearing and possible hearing dates;
- Identification of parties and other interested persons and the scope of their participation at the hearing;
- Document disclosure issues;
- Process and timing for the exchange of documents, witness lists, witness will-say statements and parties’ statement of points;
- Identification and narrowing of issues for hearing;
- Identification of facts or evidence that may be agreed upon;
- Issues regarding expert evidence;
STEP 6: The parties may bring any preliminary applications which require adjudication by the Board.
STEP 7: For oral hearings, the parties will exchange documents, witness lists, witness will-say statements, any expert reports and statements of points prior to and in preparation for the hearing. For written hearings, the parties will exchange written submissions.
STEP 8: If possible, practicable and fair, the parties will provide the Board with an Agreed Statement of Facts and a Joint Book of Documents in advance of the hearing.
STEP 9: The Board will conduct the hearing of the matter (either oral, written or a combination of the two) and then will issue its decision in the matter.