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Workplace Safety and Insurance Appeals Tribunal (WSIAT)
Adjudication Update – April 21, 2020

The WSIAT is committed to providing service to stakeholders and is diligently working to respond to the unprecedented challenges arising from COVID-19.

In order to support the province-wide effort to stop the spread of COVID-19, in-person hearings at the WSIAT have been postponed until further notice.  The WSIAT has also suspended all on-site services, including mail services, to safeguard the health and well-being of staff, parties and representatives.  During this time, correspondence from the WSIAT will primarily be sent by fax and parties and representatives may send material to the WSIAT by fax.  More information can be found on the WSIAT’s website.

On March 20, 2020, the Ontario Government issued an order under s.7.1 of the Emergency Management and Civil Protection Act, suspending limitation periods for the duration of the emergency, retroactive to March 16, 2020.  Procedural time periods have also been suspended, subject to the discretion of the individual court or tribunal.

The WSIAT is considering all possible options in order to continue to process and adjudicate appeals, applications and other matters during this period in a fair and efficient manner.  Wherever feasible, alternative hearing options, such as written, telephone and video conference hearings will be utilized.

This document provides an overview of the operational decisions the WSIAT has made in relation to its adjudication as of this time.  Further updates will be provided as they become available.  Please note that procedures in individual matters may be adjusted as determined necessary and parties will be kept informed.

Thank you for your co-operation and patience as we navigate these extraordinary circumstances.

Question:  When will an in-person hearing be converted to a hearing in writing, teleconference or video conference?

Question:  What will happen to matters scheduled to reconvene as an in-person hearing? 

Question:  Does the three-week rule still apply?  Am I required to submit evidence and witness lists prior to a teleconference or video conference hearing?

Question: I (or my client) do not have access to fax.  How can I send documents to the WSIAT?  Can the WSIAT send documents to me other than by fax? Will my matter be put on hold?

Question:  Will the audio of teleconference and video conference hearings be recorded?

Question: Is the WSIAT still releasing decisions? 

Question: Will post-hearing work, including obtaining medical information or seeking assistance from a Medical Assessor, be performed during this time?

Question: Will the WSIAT provide “final” WSIB updates to parties and the Vice-Chair or Panel in teleconference and video conference hearings?

Question: Is it necessary to provide full copies of decisions when submitting a casebook?

Individuals can make general inquiries about the WSIAT’s operations by calling the WSIAT Call Centre at 416-314-8800 or 1-888-618-8846 or sending an email to WSIATCallCentre@wst.gov.on.ca. Please note that this email address is for general inquiries only - do not submit case-related information to this email address. To protect private confidential information, the WSIAT will not respond to case-related messages sent to this email address and emails with case-related information will be deleted.

Updates about the WSIAT’s operations will continue to be posted - please check regularly for the most recent information.