Reviews and Appeals

Fresh Evidence on Appeal

Appeals usually look at the evidence the panel heard. Introducing new evidence later is possible only in limited circumstances.

  • Topic Reviews and Appeals
  • Sources checked November 10, 2026
Draft for legal review. This page has not yet been reviewed by Ryan J. Manilla.

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.

  1. Ontario College of Teachers Act, 1996, s. 35 — Checked November 10, 2026.
  2. Professional Engineers Act, s. 31 — Checked November 10, 2026.

Keep Learning About Your Proceeding

Read how Ontario regulatory proceedings typically unfold, or compare how other regulators handle complaints, hearings and appeals.