Filing a Notice of Appeal at the FST
A Notice of Appeal must be filed in accordance with the statute under which an appeal decision was made or otherwise within 30 days of the date of the decision being appealed. The Tribunal may only extend the filing period where the appellant demonstrates that special circumstances exist.
The Notice of Appeal must be accompanied by the appeal fee of $850. This Fee is required by section 1 of the Financial Services Tribunal Regulation and cannot be waived by the Tribunal. The Fee may be paid by cheque, money order or bank draft made payable to the Minister of Finance.
Advice on Meeting the Notice of Appeal Standard
The Notice of Appeal should clearly explain why or how the appellant believes the original decision was wrong or why the process leading to the decision was unfair. General statements such as “the decision is contrary to the law” or “it is against the weight of the evidence” may not be sufficient to have an appeal accepted by the FST.
The Notice of Appeal must demonstrate that the appeal is well-grounded and has a reasonable chance of success. The grounds for the appeal must clearly explain the error of fact, error of law, or error in process that the appeal is based upon.
You may use the Notice of Appeal – Form 1 to file your appeal.
If you choose not to use the form, your notice of appeal must conform to section 22 of the Administrative Tribunals Act.
For more information about administrative tribunals in British Columbia, preparing for a hearing and administrative law generally, see the information and short videos on the website titled “A Guide to the Administrative Law in BC” produced by the Justice Education Society at http://www.adminlawbc.ca/.
For a full description of the appeal Filing and hearing process at the FST, please see the Practice Directives and guidelines.
Self-Help Resources
If you are not represented by legal counsel and are a mortgage broker or insurance licensee, please read the applicable pamphlet.
You may wish to consult a lawyer for legal advice concerning your appeal. If you do not have a lawyer and would like more information on how to get one to help with your appeal, contact the Access Pro Bono Lawyer Referral Service.