To determine whether a party has a right to appeal a tribunal's decision, a paralegal should look first to:

• A. The tribunal's rules of procedure
• B. Judicial decision of the High Court
• C. Client's rights
• D. The tribunal's enabling legislation

Answer: (D)

The main source to check is the tribunal’s enabling legislation. This statute creates the tribunal and lays out its jurisdiction, powers, and the specific avenues for challenging a decision. It will spell out whether an appeal is allowed, the court or forum to which an appeal goes, the grounds for appeal (for example, questions of law vs. questions of fact), and any prerequisites like leave or filing deadlines.

The tribunal’s rules of procedure may describe internal steps for reconsideration or how an appeal within the tribunal is initiated, but they cannot grant an appeal pathway that the enabling statute does not provide. Client rights describe general protections but do not establish appeal rights unless the statute itself grants them. Judicial decisions can interpret and clarify the statute, but you start with the enabling legislation to determine if and how an appeal is permitted.