General guidance
This guide currently contains general legal information. Jurisdiction-specific guidance for your location is coming soon. The Concaso assessment will still tailor its questions and analysis based on your jurisdiction.
Tailored versions available: Ontario, United States (General), England & Wales.
Plaintiff Centre
If you are bringing this claim
You are considering bringing this dispute forward, so the guide below is most useful for building the record and testing whether it is worth pursuing.
- Write down what happened in order, with dates, before memory fades.
- Collect the documents listed below — they usually matter more than the argument.
- Check the limitation period for where you are; it is the one thing that cannot be fixed later.
- Work out whether the other side can actually pay or comply before spending money.
- Keep chasing in writing, so there is a record of what was asked and when.
Reading this from the other side? Switch to the Defendant Centre view.
Find the right route before anything else
Public bodies usually operate within a defined review structure, and using the wrong route wastes the deadline for the right one. The decision letter itself normally names the route, and it is worth reading that paragraph first.
| Route | What it does | Typical window |
|---|---|---|
| Internal reconsideration | The body looks again, often on new information | Very short — often days or weeks |
| Appeal to a tribunal | An independent body re-decides or reviews | Short and usually strict |
| Judicial review | A court examines legality and fairness, not merits | Short, and usually only after other routes |
| Ombudsman or complaint | Examines administration and conduct | Longer, but no power to re-decide |
Reasons, the record, and what can be argued
Most challenges are decided on the material that was in front of the original decision-maker. That makes two things important: obtaining the reasons and the file, and identifying what specifically went wrong with the decision.
- Request written reasons if none were given, and the complete file or record
- Consider an access to information or records request where the file is not released
- Identify the specific finding, evidence or step you say was wrong
- Check whether required procedure was followed — notice, a chance to respond, an unbiased decision-maker
- Note anything relevant that was ignored, or irrelevant that was relied on
Review is usually narrower than an appeal+
On judicial review a court generally asks whether the decision was lawful, reasonable and procedurally fair, rather than whether it was the best decision. Disagreeing with the outcome is not, on its own, a ground. An appeal to a tribunal is often broader and may allow fresh evidence.
Preparing the challenge
Day one
Diarise the deadline stated in the decision, and work backwards.
Immediately
Ask in writing for reasons and the record if you do not have them.
Before filing
Frame the grounds narrowly and specifically, tied to the record.
Filing
Use the prescribed form and method; many bodies reject filings on format alone.
Meanwhile
Ask whether the decision can be stayed pending review, where consequences are immediate.
Time limits by systemGeneral guidance
Time limits are set by the statute or regulation governing the particular body, so they differ from one programme to another even within the same government. Always take the limit from the decision letter and the governing rules rather than a general figure.
Documents to gather
- The decision letter and any written reasons
- The application or submission that led to the decision
- The complete file or record held by the decision-maker
- Policy, guidance or criteria the body says it applied
- Correspondence with the body, including phone notes
- Any prior decisions on the same matter
Evidence that carries weight
- Documents showing relevant information that was submitted but not addressed
- Evidence of the procedure actually followed, such as notice given
- Medical, financial or expert material relevant to the criteria
- A short chronology tying each event to a dated document
- Comparable decisions where consistency is in issue
Want both lists in one printable page?
Common mistakes
- Using an informal complaint route while the appeal deadline runs out
- Arguing the decision is unfair without identifying a specific error
- Filing without the reasons or the record
- Introducing new evidence where the route does not permit it
- Missing a prescribed form or filing method requirement
Frequently asked
I was not given reasons. Can I ask for them?
Usually yes, and a request in writing is the normal first step. Many systems require reasons for decisions that affect rights or entitlements.
Can the decision be paused while I appeal?
Sometimes. A stay or suspension is often available but usually has to be asked for specifically, and it is not automatic on filing.
What if I missed the deadline?
Some bodies can extend time, generally where there is a good explanation and no prejudice. It is discretionary, so an application should explain the delay directly.
Do I need to complete the internal review first?
Frequently yes. Courts commonly expect available internal and tribunal routes to be used before a review of the decision is entertained.
What outcome can I expect?
On review, the usual result is that the decision is sent back to be made again properly, rather than replaced. Appeals to tribunals more often substitute a new decision.
Assess my situation
Concaso turns what you already know into a structured, confidential report — strengths, weaknesses, missing evidence, and the deadlines that matter. We will start you in the right place based on this guide.
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This guide is general information, not legal advice, and Concaso is not a law firm. Reading it does not create a lawyer–client relationship. Deadlines and procedures differ by jurisdiction and change over time — confirm anything you intend to rely on.