In most WCAT judicial reviews, the judge will reserve their decision. This means that the judge will think about your case and make a decision at a later date. Most of the time, the judge will write out a decision. The court staff will let you know once the decision is ready and then send it to you by email.
In some cases, the court staff will tell you to come back to court at a particular time because the judge will be reading out the decision. If the judge reads out the reasons instead of writing them down, pay attention to what the judge is saying and make notes. It is especially important to write down any orders the judge makes. Generally, listen for:
- Whether the court has allowed or dismissed the petition;
- Whether the court has “set aside” or “quashed”WCAT’s decision;
- Whether the court makes some other type of order; and
- Whether the judge orders court costs.
Unless the judge tells you otherwise, the judge’s decision is in effect from the date it is made even if a formal order has not been written up yet.
The party that loses the judicial review can appeal the decision to the BC Court of Appeal within thirty days from the date the court makes its order. You should get legal advice if you are considering an appeal.