What is the difference between tribunals and courts

This can be in person or by telephone. The aim is to identify the issues involved so that all parties are clear about what will happen in Court. There is a fee to issue a claim at Court — your lawyer will explain this to you. At the end of the hearing, the Court decides who should pay costs and how much they should be. The general rule is that the unsuccessful party will be ordered to pay the costs of the successful party.

However, the Court will also take into consideration the conduct of all parties when making their decision. We can help you through the process of going to Court or attending a Tribunal. We understand that it can be intimidating so we will make sure you are fully prepared to put forward your case. If you have any questions about bringing a claim against your employer or about a civil dispute, please contact us on or email disresenquiry pm-law. More information here on bringing a claim against your employer including downloadable factsheet.

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When a legal case goes through the court system it usually results in the judge awarding the case to one side, often with a financial amount ordered to be paid if the claimant's claim is successful.

One exception to this is the Small Claims Track of the Courts , whereby both parties will pay their own costs unless one party has acted particularly unreasonably without being able to recover anything.

As for a tribunal, each party will generally cover their own costs. Tribunals are generally used by individuals who are looking to pursue rights as opposed to suing companies or other bodies. Another important difference is the fees - there are currently no chargeable fees to take a case to the employment tribunal, although the government could choose to change this in the future, whereas in the courts a fee is involved. Both the courts and tribunals operate independently of each other.

Although their objectives are the same yet there are major differences that establish them as separate bodies. Tribunals are established under the administrative law, which is an offshoot of decentralization of government authorities. Decentralization has resulted in the increased number of departments that have maximized the responsibility of government. Hence, these departments are given the authority to look after their disputes independently without any interference of courts except when the decisions are challenged in their legality.

Every department has its own tribunal that deals with the specific matters related to it. For example, a custom tribunal deals with the matters related to customs duty and trade disputes. There are other tribunals like employment tribunal, lands tribunal, pensions appeal tribunal, immigration tribunal, civil aviation tribunal etc.

Just like any court, a tribunal has a permanent establishment. As compared to a court, the proceedings of a tribunal are less formal and speedy. But, like a trial in court before a judge, the adjudicators are responsible for conducting fair hearings and making final decisions on the issues. They do this by considering the evidence and applying the legislation, case law, and policies that relate to your case. Tribunals are normally established by federal or provincial legislation or through municipal bylaws.

For example, the Employment Standards Act provincial legislation , establishes the Employment Standards Tribunal , which makes decisions about issues that concern employees in BC.

The Board of Variance in Vancouver was established by the city to hear appeals from residents who have been denied a building or zoning permit.