Appealing the Decision

If I disagree with the Commissioner's decision what can I do?

Decisions made by the Commissioner, other than decisions pertaining to the referral or non-referral of a matter to a hearing panel and the temporary placement of a vulnerable person in a development centre, can be appealed to the Manitoba Court of Queen's Bench.
 
To commence an appeal, the person appealing must file a Notice of Application with the Manitoba Court of Queen’s Bench within 30 days of receiving a copy of the Commissioner’s decision or within such further time as the Court permits.
 
Upon receiving a copy of the Notice of Application, the Commissioner will provide the court with copies of all documentation which gave rise to the decision being appealed. The court has the authority to determine the appeal procedures. A judge will hear the appeal as a “fresh” matter and may consider the documents provided by the Commissioner or any other evidence relevant to the appeal.
 
Upon hearing the appeal, the court may decide to set aside, vary or confirm the decision of the Commissioner.
 
For more information on the appeal process refer to the General Information Regarding Appeals factsheet or Division 9 of The Vulnerable Persons Living with a Mental Disability Act or consult a lawyer.