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Technical Practice Directions

Practice Direction:
Time Extension Applications

# Download a copy in pdf format.*

1.0 This Practice Direction:

2.0 Time Limits for Appealing Decisions to the Tribunal

2.1 Under the Act, a notice of appeal must be filed with the Tribunal within six months of a final Board decision.1

2.2 For final Board decisions made before January 1, 1998, a notice of appeal must have been filed with the Tribunal by June 30, 1998.2

2.3 If a party wishes to appeal a Board decision to the Tribunal after the time limit has expired, s/he must file a time extension application with the Tribunal.

3.0 Tribunal Processing of Time Extension Applications

3.1 There are five steps in processing a time extension application:

The Tribunal identifies an appeal that arrives after the time limit has expired.

3.2 Tribunal staff identify when an appeal has been received after the time limit has expired. Generally, the Tribunal counts the six months from the date on the Board decision to the date the notice of appeal is received by the Tribunal.

3.3 Where there is a Board decision and a Board reconsideration of that decision, the date of the original decision is generally used. However, where the Board has considered significant new evidence on a reconsideration or has changed the result of the original decision, the date of the reconsideration decision will be used.

The Tribunal asks for a time extension application.

3.4 If the Tribunal receives a notice of appeal more than six months after the date of the Board decision, it will send a letter stating that the notice was received late, and ask that a time extension application be filed within one month.

Sending the Tribunal a time extension application

3.5 A party who wants a time extension must fill out a time extension application.

3.6 The application includes:

3.7 If the party does not file a time extension application within one month after the Tribunal requests it, the Tribunal closes the time extension file and will not consider the appeal. In extraordinary circumstances the Tribunal may extend the time for filing the time extension application.

The Tribunal asks other parties to respond to the time extension application.

3.8 When a time extension application is received, the Tribunal notifies other parties of the application and asks them to respond within one month.

The Tribunal decides the time extension application.

3.9 A Tribunal Vice-Chair decides the time extension application. Normally, there is not an oral hearing. The Vice-Chair bases the decision on the correspondence on file with the Tribunal, including the application and submissions. A copy of this correspondence is provided to the parties prior to inviting their time extension submissions.

4.0 Information to Include in a Time Extension Application

4.1 Parties should attach all relevant information that they want the Tribunal Vice- Chair to consider because only the information sent in will be reviewed. The Tribunal may identify previously submitted appeal information but does not review its files to see if there is material which is relevant to a time extension. The Tribunal also does not order Board files for time extension applications. Any documents from a Board file or Tribunal file should be attached to the application or response.

4.2 If any of the following information is available, it should be included in the time extension application:

4.3 If any of the following apply, they should be included in the application or submissions:

4.4 The factors the Tribunal considers in determining a time extension application are set out in numerous WSIAT decisions, available on the Tribunal’s website (www.wsiat.on.ca) or from the Ontario Workplace Tribunals Library.3

 

1 See section 125(2) of the Workplace Safety and Insurance Act.

2 See section 112(3) of the Workplace Safety and Insurance Act.

3 See Decision Nos. 1493/98I, 1522/98I2 and 248/99I.

 

Effective date: July 1, 2014
Workplace Safety and Insurance Appeals Tribunal


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