Appeal Management
APPEAL MANAGEMENT
The Board expects parties to engage in appeal management for the primary purpose of resolution.
Every appeal will be assigned an appeal or case manager who will manage the appeal towards resolution and if not, will schedule the appeal for a hearing.
Appeal managers use both Appeal Management Conferences (AMCs) and Online Dispute Resolution (ODR) are to resolve appeals efficiently. The primary difference between an AMC and ODR is that an AMC is conducted via teleconference, while ODR is conducted by online message exchange through a web portal. Complex appeals are normally best handled through an AMC and you may be required to attend more than one AMC.
The main purpose of an AMC or ODR is to discuss the issues, likely evidence, and whether the appeal can be resolved without a hearing. Any settlement discussions are confidential and may not be used as evidence. The position a party takes for the purpose of settlement during an AMC/ODR is taken without prejudice to that party’s position on appeal.
In order to facilitate settlement discussions, the appeal or case manager may provide an opinion on the likely outcome of the appeal. Any opinion provided by the appeal or case manager is not a decision of the Board and is not binding on the parties. If the appeal is scheduled for a hearing, another Board member will be assigned to hear and decide the appeal, NOT the appeal or case manager. The opinion provided by the appeal or case manager will not be provided to a Board member adjudicating the appeal.
As much of an AMC discussion is confidential and without prejudice, recording AMCs is not appropriate and, if necessary, should only be done with permission of the Board.
Even if the AMC or ODR discussion does not resolve the appeal, it helps the parties understand and narrow the issues, and identify where they disagree, which can make hearings run more smoothly and be more focussed.
The Board expects the following conduct from parties participating in appeal management:
- A party will not put forward any information known to be untrue or misrepresent facts.
- A party will behave courteously and respectfully to all parties and to the Board.
Failure to meet these expectations may result in the Board restricting that party’s participation in the appeal.
What happens in an AMC?
The parties do not need to submit all their evidence to the Board prior to an AMC. However, it is helpful to submit some evidence to allow the Assessor and the Board to understand your position. The Board asks the parties to be prepared to discuss their position on the appeal and what evidence they would submit if the appeal went to a hearing. During the AMC, the parties should make any requests for information or documents from the other party.
At the AMC, the appeal or case manager may set a date for a hearing and may require the parties to do any of the following:
- provide more information in writing about the appeal;
- produce relevant documents;
- provide lists of witnesses or summaries of a witness’s evidence;
- produce an agreed statements of facts;
- attend a settlement conference;
- propose other requirements such as joining the appeal with another related appeal.
Most commonly, the appeal or case manager will impose time limits for the parties to provide evidence, documents, or submissions prior to a hearing. If a hearing is set, the appeal or case manager will also decide if it will be conducted through an oral hearing (by telephone, video conference, or in person) or through written submissions.
What happens in ODR?
Once parties have access to the ODR system, describe your issues and concerns with the assessment. Upload any documents and evidence that supports your position. Parties should continue to communicate in ODR to try and reach mutual agreement. If it appears that the parties will not reach agreement, click on the “Request Board facilitator” button. The facilitator will review the discussion and documents and, if possible, provide a non-binding opinion to facilitate settlement of the appeal.
If the appeal is not resolved by mutual agreement, the Board facilitator will set deadlines for formal adjudication. For most appeals, the parties will prepare written submissions and upload those documents to the ODR website. A Board member who is not the facilitator will then decide on your appeal.
For more information on the settlement conference and hearing processes, please see Information Sheets #5, 6, 7, 8, 9 and 12.
January 2021