Finding a Representative

The WSIAT is the final level of appeal for workers’ compensation matters in Ontario. Some issues are complex. You can represent yourself or have someone represent you. You may wish to speak with someone who has experience in workers’ compensation matters.

Finding a Representative

Workers

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

Employers

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

Licence Requirements

A representative can be a lawyer, paralegal or someone who is authorized to provide legal services.

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, we 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 us in writing as soon as possible. They do this by sending us a completed Worker’s Authorization to Represent Form or Employer’s Authorization to Represent Form.

If a representative ceases to act for a party, the party or the representative must promptly file a written notice with us and send a copy to every other party. This written notice must be provided at least two business 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. These include charges for expenses such as photocopying.

No Authority to Award Legal Costs

Parties who retain a representative 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 #39 – Fees and Expenses for more information.

Please Contact Us if you have any questions or concerns.

Related Documents:

Practice Direction #30 – Representatives' Fees and Costs

Practice Direction #39 – Fees and Expenses

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