Practice Direction: Role of Tribunal Counsel Office Lawyers in Appeals and Applications before the Tribunal

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1.0 This Practice Direction:

Describes the Tribunal Counsel Office at the Workplace Safety and Insurance Appeals Tribunal (“Tribunal”).
Provides an overview of the role of Tribunal Counsel Office lawyers (“TCO Lawyers”) in appeals and applications before the Tribunal.

2.0 The Tribunal Counsel Office

2.1 The Tribunal Counsel Office (TCO) is a centre of legal and medical expertise at the Tribunal.
2.2 The TCO consists of TCO Lawyers, TCO Administrative Support Staff, and the Medical Liaison Office.
2.3 For more information about the Medical Liaison Office, see the WSIAT Guide: WSIAT-Initiated Assistance for Medical Issues.

3.0 The Role of TCO Lawyers in Appeals and Applications before the Tribunal

3.1 TCO Lawyers are available to provide neutral assistance to the Tribunal in appeals and applications:
- TCO Lawyers may provide neutral assistance before, at, and after a hearing.
- TCO Lawyers may provide assistance in appeals and applications as requested by a Vice-Chair or Panel.
- TCO Lawyers may also provide assistance by processing the most complex appeals and applications.
3.2 All requests for TCO Lawyer assistance made by a Vice-Chair or Panel are confirmed in writing and communicated to participating parties, as well as placed on the record.
3.3 TCO Lawyers do not take a position on the outcome of an appeal or application before the Tribunal.
3.4 TCO Lawyers do not provide representation to parties participating in an appeal or application before the Tribunal.
3.5 Examples of the neutral assistance that TCO Lawyers can provide to the Tribunal in an appeal or application include but are not limited to:
- Assisting with the questioning of witnesses at a hearing, or prior to a hearing with a Court Reporter.
- Making oral or written submissions with respect to legal or procedural issues identified by the Vice-Chair or Panel before, at, or after a hearing.
- Processing the most complex appeals and applications, including liaising with parties to streamline processes and clarifying and resolving procedural and legal issues arising during the hearing process.
3.6 TCO Lawyers also provide general appeal and application-related legal advice to Tribunal staff.

4.0 Other Work of TCO Lawyers

4.1 TCO Lawyers frequently provide corporate legal advice and assistance in relation to non-appeal or application related matters to other departments of the Tribunal with respect to contract and procurement issues, corporate governance, privacy, human resources, and training.
4.2 TCO Lawyers also represent the Tribunal in litigation matters and related proceedings, including in applications for judicial review.