Appeals Process
For the purposes of appealing a decision of any of the OHF Members, the party must submit application to the OHF office in accordance with Regulation 6.
If you have any question about this information or how to proceed with an appeal to the OHF, please email appeals@ohf.on.ca
Who can appeal to the OHF?
Any person, team, league or Association who is aggrieved by a final decision of the OHF Chair of the Board (made under By Law II – Article 18.7) or a Member in relation to any dispute, difference or question has the right to appeal to the OHF.
What decisions may be appealed to the OHF?
The following decisions may be appealed to the OHF:
- The decision that is in conflict with the Articles, By-Laws, Rules, Regulations and/or Policies of the relevant Member, OHF or of Hockey Canada that may have had a material impact on the decision rendered.
- The party making the decision committed a material procedural error, or failed to provide the aggrieved party with a fair Appeal hearing that may have had a material impact on the decision rendered.
- The party making the decision did not have the authority or jurisdiction to make the decision.
What decisions may not be appealed to the OHF?
The following decisions may not be appealed unless the decision itself is contrary to Hockey Canada or OHF Constitution, By-Laws or Regulations:
- Any decision by a Member as to the outcome of any game or games;
- Any decision relating to the classification of teams within the jurisdiction of a Member;
- Any decision relating to a tournament or exhibition game sanctioning;
- Any suspension pursuant to the minimum suspension list;
- Any other suspension of fewer than ten (10) games.
NOTE: If a supplemental suspension is assessed in addition to the minimum suspension, and the total suspension is beyond nine (9) games, the games in the supplemental suspension are appealable.
How do I make an appeal application to the OHF?
An appeal shall be submitted via personal service, courier or email from the Appellant to the OHF Office no later than seven (7) days, or the first business day following, if such date falls on a Saturday, Sunday or Statutory holiday, from the date the decision sought to be appealed was sent to the appellant by the Member. The application is to be accompanied by an Appeal Fee of $600 preferably by e-transfer to kwillms@ohf.on.ca or in cash, money order or by cheque, made payable to the ‘Ontario Hockey Federation’. If submission is by email it must have a copy of payment including courier tracking number with payment arriving no later than two business days following submission deadline.
When will my hearing take place?
Submitting an Appeal Application does not mean that you will receive an automatic Hearing. The decision to proceed to a Hearing will be made by the Appeal Committee Coordinator who will personally review the material submitted by the Applicant and the Respondent and determine if the application satisfies the requirements of Regulation 6.5.2. If the Appeal Committee Coordinator determines that a hearing will proceed, it will be scheduled no later than 15 days from the OHF receiving this decision.
How long will this whole process take?
There is no specific timeline once the application has been received by the OHF until the decision from the Appeal Committee Chair is received. The responsibility to gather and distribute documents and information from the Member office lies with the OHF. The staff in both offices will work together to process applications quickly. Based on the time of year and number of active applications this timeframe may be longer.
What happens to my Application Fee if the Application does not qualify for a hearing?
The Application Fee will not be returned to the Applicant when the proposed application does not qualify for a hearing.
How will I be advised of a hearing?
You will be advised of the date and time that your Hearing will be held via e-mail. You are advised to show up to your Hearing early to avoid being late or missing your Hearing because of traffic or other delays.
Should I have my lawyer come with me to the Appeal Hearing?
There is no requirement or recommendation for representation, but you are welcome to have an agent, paralegal or legal counsel represent you at the Appeal Hearing or you may act on your own behalf at the Appeal Hearing.
Who sits on the Appeal Hearing Panel?
The Appeal Hearing Panel is comprised of three members of the OHF Appeals Committee. The Appeals Committee is made up of no more than 35 people appointed by the Board and ratified by the Board on an annual basis.
What can I expect will be the process for the Appeal Hearing?
The following process will be followed for each Hearing unless there are special circumstances to consider.
Part One: Business Introduction and Preliminary
- The Appeal Panel Chair will introduce himself or herself to all parties and introduce the other members of the Appeal Hearing Panel.
- Before the Hearing begins the Chair will conduct preliminary business to ensure that all parties are present, informed of the process, and have no objections to the Appeal Hearing Panel before them. In rare circumstances a hearing may start or continue with only two panel members. In these instances, the Chair will seek objections from the Parties before continuing. If there are any objections to the composition or jurisdiction of the Appeal Hearing Panel to hear and determine the matter before it, the Panel will hear any such objection and decide whether to proceed with the Hearing.
Part Two: Presenting and Responding to Evidence
- When the Hearing proceeds the Panel will hear witnesses and receive any other relevant evidence which you previously gave to your Member (either written or oral) and which you wish to present to the Panel. At the end of the evidence of each witness, the respondent(s) may cross-examine the witness. At this point, the respondent(s) are not entitled to present any evidence as they will have an opportunity to present their evidence later in the hearing. Also, if there is more than one (1) respondent, all will have the opportunity for cross examination.
- At the conclusion of the appellant(s) evidence, the respondent(s) may present any relevant evidence (oral or otherwise) which you previously gave to Member (either written or oral) and which you wish to present to the panel. At the end of the evidence of each witness, the appellant(s) may cross examine the witness and if there is more than one appellant, all will have the opportunity to cross examine the witness.
- At the conclusion of the respondent(s) evidence, each appellant may present relevant evidence (oral or otherwise, which was previously presented to a Member in reply to anything which was presented by a respondent(s), but which has not been previously presented by an appellant, but no appellant can present any new evidence except for the purpose of reply. At the end of the evidence of each witness, the respondent(s) may cross-examine the witness. Also, if there is more than one respondent, all will have the opportunity for cross-examination.
Part Three: Summary
- After the evidence has been heard and received, each party may give a summary of the evidence and present argument. No evidence (either written or oral) may be given that was not given to your Member unless Application is made under Regulation 6.8.
Part Four: Adjournment
- Following the presentation of evidence and summations by the appellant(s) and respondent(s), the hearing may then be adjourned and the Panel will retire to consider its decision. If the hearing is adjourned and the Panel retires to consider its decision, the notice of the Results of the Appeal will be communicated to each party by the OHF Executive Director or a designated OHF staff member.
Special Requests Please note that all requests must be made through the Chair.
What decision can I expect from my Hearing?
In accordance with the Articles, By-Laws, Rules, Regulations and/or Policies of the OHF and the relevant Member, at the conclusion of the Appeal hearing, the Hearing Panel may allow or dismiss the Appeal Application, assess all or any part of the costs of the Appeal against one or more of the parties, and/or grant a refund of up to 50% of the Application fee in cases where the appellant has been substantially successful in their Appeal. A decision of a majority of the panel (2) will be final and binding. Within 48 hours of the hearing, the Chair shall communicate the decision or recommendation to the OHF Office in writing. All parties will receive the written decision within 10 days.
If am not satisfied with the decision of the OHF what is my recourse?
A decision of the Panel shall be final and binding on all parties, subject only to such further rights of Appeal as may be available under the Articles, By-Laws, Rules, Regulations and/or Policies of Hockey Canada. If you wish to pursue an appeal with Hockey Canada you must do so within 7 days of receiving the decision from the OHF. For more information on Hockey Canada’s Appeal process please contact Josef Scheier at jscheier@hockeycanada.ca or 613-696-0772.