Practice Direction: Confirmation of Appeal and Hearing Ready Letter

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1.0 This Practice Direction:

  • explains the purpose of the Confirmation of Appeal (COA) form
  • outlines the time expectations for filing the COA form.

2.0 Purpose of Confirmation of Appeal Form

  • to confirm the issues on appeal
  • to identify the length of hearing time needed
  • to file evidence in support of the appeal
  • to advise the Tribunal and other party about witnesses
  • to express interest in ADR services

3.0 Disclosure

  • 3.1 Parties must send any documents they want to use at the hearing with the COA form.
  • 3.2 Parties must send copies of the completed form and any attachments to the Tribunal and to any party participating in the appeal.
  • 3.3 Parties must notify the Tribunal of any related issue or appeals that they are pursuing at the WSIB.

4.0 Time to file – Appellant

  • 4.1 Appellants must file the COA form no later than 24 months from the time they first wrote to the Tribunal.
  • 4.2 The Tribunal will remind appellants and their representatives to send the form twice during the 24 month period.
  • 4.3 If the completed COA form is not filed within 24 months, the Tribunal may close the appeal. (See Practice Direction: Closing Appeals by the Tribunal)
  • 4.4 Appellants must provide a completed COA form within 24 months even if they do not receive case materials from the Tribunal.

5.0 Time to file – Respondent

  • 5.1 The respondent must complete and file a COA form within two weeks after it receives the appellant’s completed COA form.

6.0 Hearing Ready Letter

  • 6.1 In most appeals, Tribunal staff will prepare a hearing ready letter that identifies the issues that will be considered at the hearing, and the witnesses that will testify.
  • 6.2 When parties receive the letter, they must review it and advise the Tribunal of any concerns (especially if they believe the issues are not correctly identified).
  • 6.3 Parties must advise the Tribunal promptly of any concerns to avoid delaying the appeal.

7.0 Related Practice Directions

  • Disclosure, Witnesses and the Three-Week Rule
  • Closing Appeals by the Tribunal
Effective date: July 1, 2014
Workplace Safety and Insurance Appeals Tribunal