How is the decision enforced?
The Canadian Human Rights Commission, whether or not it participated at the hearing, may on occasion examine whether the Tribunal’s decision was complied with. If the respondent doesn’t comply with a Tribunal order, proceedings in the Federal Court may be necessary. What if I don’t agree with the decision? If you don’t agree with the decision, you have 30 days from the time the decision was first communicated to you by the Tribunal to file an application with the Federal Court to have the decision reviewed. N.B. Past rulings and decisions issued by the Tribunal are posted on the Tribunal’s Web site (www.chrt-tcdp.gc.ca). Direct Evidence See Evidence. Direct Examination See Examination.
The Adjudicator’s Decision is binding on the parties until the dispute is finally decided by arbitration (if provided for in the contract or agreed to), litigation or agreement. Because it is binding the Courts will enforce the decision in summary proceedings. Generally the only defence to such proceedings is that the Adjudicator’s decision was made outside his jurisdiction. The unsuccessful party is required by law to pay a sum of money awarded by an adjudicator. A period of grace is often provided for when the Decision is made so as to allow the paying party to obtain the money. However, if the unsuccessful party does not pay when required, the successful party may make an application in court to have the adjudicators Decision turned into a court order by means of summary judgment. Thereafter, continued refusal to pay will mean that, upon further application to the court, the money may be directly recovered from bank accounts or a charge levied against certain assets such as property
