- Reconsideration (delay)
- Reconsideration (administrative error)
- Procedure (reconsideration) (delay)
The worker requested a reconsideration of Decision No. 851/03.
The reconsideration request was denied. The threshold test was not met. The Vice-Chair stated that there was no error or defect in the administrative process or content of Decision No. 851/03 which warranted a reconsideration.It was noted that it had been almost 20 years since the release of Decision No. 851/03. This was a considerable delay in requesting a reconsideration, and there was no explanation provided for this delay. In considering the delay, the Vice-Chair noted that the legislation authorizes the Tribunal to determine its own practice and procedure. The Practice Direction on Reconsiderations makes clear that, as a general practice, it is not advisable to reconsider a decision more than six months after it has been released. The Ontario Divisional Court recognized recently in Ratman v. Workplace Safety and Insurance Appeals Tribunal, that the Tribunal was reasonable in exercising its discretion not to reconsider a decision when the request for reconsideration was made more than seven years after the original decision, and no explanation for the delay was provided. It was found that the Tribunal was reasonable to act in accordance with section 3.2 of the Practice Direction. The Vice-Chair similarly found that this was not a case in which it was advisable for the Tribunal to exercise its discretion to reconsider the decision.