Finding a Representative

Representing Yourself

The Workplace Safety and Insurance Appeals Tribunal (WSIAT) is the final level of appeal.

You can represent yourself in an appeal or application at the WSIAT. If you will be representing yourself, please read:

There are other resources available at the Ontario Workplace Tribunals Library.

Please Contact Us if you have any questions or concerns with representing yourself at the WSIAT.

Finding a Representative

Workers

If you want a representative or help to prepare for your WSIAT appeal, please see Worker Referral Information.

Employers

If you want a representative or help to prepare for your WSIAT appeal, please see Employer Referral Information.

Licence Requirements

Representatives who appear before the WSIAT must either be licensed by the Law Society of Ontario or authorized to provide legal services without a licence in accordance with the Law Society Act and its regulations and by-laws (particularly Part V of By-Law 4).

The Law Society of Ontario sets out Rules of Professional Conduct for lawyers and Paralegal Rules of Conduct. If the status of a representative is unclear, WSIAT staff may request additional information from the representative to confirm that they are eligible to represent parties at the WSIAT. If the status of a representative continues to be unclear at the time of the hearing, the Vice-Chair or Panel may question the representative to determine their status for the purposes of the hearing.

Please Contact Us if you have any questions or concerns.

Notice of Representation

When a party retains a representative for an appeal or application, the party must notify the WSIAT in writing at the earliest opportunity by submitting a completed Worker’s Authorization to Represent Form or Employer’s Authorization to Represent Form.

This notification must include the representative’s mailing address, telephone number, fax number, and licence number issued by the Law Society of Ontario (or reason for exemption from the licence requirement).

If a representative ceases to act for a party, the party or the representative must promptly file a written notice with the WSIAT and send a copy to every other party. This written notice must be provided at least two working days before the scheduled hearing date. A representative who has not filed a written notice that they have ceased to act for a party within this time must attend the hearing to withdraw from representation.

Please Contact Us if you have any questions or concerns.

Representatives’ Fees and Costs

Costs

Costs means the money a party spends on a lawyer or a representative to prepare and attend a WSIAT hearing, including charges for expenses such as photocopying.

No Authority to Award Legal Costs

Parties who retain a representative, whether a lawyer, paralegal or consultant, are responsible for paying the fees and expenses of that representative.

The WSIAT has no authority to award costs against another party under the Workplace Safety and Insurance Act, 1997. See Decisions No. 99/91A, 927/89 and 1058/00.

The WSIAT may refund certain expenses related to a worker’s and worker’s witness’ attendance at a hearing. See Practice Direction: Fees and Expenses for more information.

Please Contact Us if you have any questions or concerns.

Related Documents:

Practice Direction: Representatives' Fees and Costs

Related Practice Direction: Fees and Expenses

Other: Decisions No. 99/91A, 927/89, 1058/00