Usually a hearing will be held within 30 days after HSARB receives the Notice Requiring
a Hearing, unless the parties agree otherwise. Hearings may be held orally, in writing or
electronically.
Decisions will be rendered within three days after a hearing concludes. Written reasons
will follow as soon as possible afterward. Pursuant to s. 48(5) of the Home Care and
Community Services Act, 1994 (formerly Long-Term Care Act 1994), decisions of
HSARB made under that Act are final and binding. However, parties to the appeal may
bring an application for judicial review of the decision before the Divisional Court.
Challenges of Bringing Attendant Services Issues before HSARB
Bringing an appeal related to attendant services before HSARB is a challenging
endeavour, despite the relatively straight forward processes involved. It is worthwhile to
take advantage of the mediation stage of the process to resolve disputes since at that
stage of the process a wider range of creative solutions may be possible. Once a matter
goes to a hearing, the options may be more limited. The Board is bound by the
legislation. It may be useful to consider non-HSARB forms of mediation, such as March
of Dimes, before turning to HSARB.^58
(^58)
Ontario March of Dimes – Mediation Services (telephone: (416) 425-3463 ex. 7725; Toll-free 1-800-
263-3463; online: <www.marchofdimes.ca>.