If the conciliation fails, we will be summoned for a hearing before the Administrative Tribunal of Québec (TAQ) which will normally be presided over by two administrative judges, a lawyer and a doctor.
The judgment that will be rendered following the trial will be final and without appeal.
The only way to challenge the Tribunal’s judgment is to show that it is unreasonable in fact, or that there is an error of law.
However, the burden of proof to show that the decision is unreasonable to the point of being struck down is so difficult to achieve that the victim must consider the trial as the only and last chance to demonstrate his or her point of view.
A well-assembled and prepared file since the initial notice of decision, including:
should be fully ready with the documents and documents cleaned up and deposited in your file with the medical expertise.
Justice is sometimes long in these cases
The delays inherent in each file are attributable to the system, in particular for:
- Obtain medical records;
- Get appointments with medical specialists;
- Carry out medical expertise
- Obtain additional expertise, if necessary;
- Convocation to the conciliation session;
- Summons to the hearing;
- Rebate requests;
- Etc.
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Find a regulation in Revision
Thus, it is always pleasant for the applicant to have his case settled at the review stage.
It is complex and risky to represent yourself alone when challenging a decision victims often cause harm to themselves.
Over time, it can happen that your state of health changes. We refer you to our page on relapse, recurrence or aggravation to understand how a file can be reassessed over time.
Do not hesitate to contact us so that we can represent you before the Administrative Tribunal of Québec.
The steps of an action against the SAAQ
- Previous step: Conciliation at the Administrative Tribunal of Québec
- Next step: Review of the judgment of the Administrative Tribunal of Québec
- The complete SAAQ approach of Maître Lambert