In Ontario, WSIAT hearings are rarely postponed without a very good reason. To request an adjournment, you must submit a formal written application proving exceptional circumstances, such as a severe medical emergency or unexpected delays in receiving crucial expert reports.
Preparing for a Workplace Safety and Insurance Appeals Tribunal (WSIAT) hearing takes months of careful planning. However, life is unpredictable. Sometimes, despite your best efforts, you are simply not ready to proceed on the scheduled date. Perhaps a crucial specialist’s report has not arrived, you suffered a sudden medical emergency, or you realized at the last minute that you desperately need legal representation. In the legal world, asking to postpone a hearing is known as requesting an “adjournment.”
For injured workers in Ontario, from Windsor to Thunder Bay, it is vital to understand that the WSIAT does not grant adjournments lightly. 🚨 The Tribunal is bound by strict Practice Directions aimed at resolving appeals efficiently and preventing unnecessary delays. Simply stating that you are “too stressed” or “need more time to think” will almost certainly result in a denial. You must follow a precise procedural path to prove that moving forward would be fundamentally unfair. In this guide, we outline the strict steps required to request an adjournment. If you are struggling with the procedural rules, reaching out to a local workers’ compensation lawyer in our directory can help salvage your appeal timeline.
Step-by-Step Process: Filing for a WSIAT Adjournment in Ontario
The method you use to request an adjournment depends heavily on how close you are to the actual hearing date. Time is your biggest enemy when trying to postpone a tribunal proceeding.
Step 1: Review the Exceptional Circumstances Criteria
📋 First, determine if your reason meets the Tribunal’s strict threshold. Acceptable reasons generally include: a sudden, severe illness of the worker or their representative; a recent death in the immediate family; or a legitimate, unavoidable delay in obtaining critical medical evidence (e.g., your doctor was suddenly hospitalized). Unacceptable reasons include: forgetting the date, booking a vacation after the Notice of Hearing was sent, or failing to search for a lawyer until the week before the hearing.
Step 2: Contact the Opposing Party for Consent
Before bothering the Tribunal, you should reach out to the other party involved in the appeal. If you are the worker, this might be the WSIB representative or your former employer’s legal counsel. Explain your situation and ask if they will “consent” to the adjournment. If both parties agree to postpone, the WSIAT is much more likely to grant the request, as it shows cooperation and mutual respect for the legal process.
Step 3: Submit a Written Request Immediately
Do not wait. The moment you realize you cannot proceed, you must send a formal, written request to the WSIAT. This letter should clearly state your WSIAT file number, the current hearing date, whether the other party consents, and a detailed explanation of your exceptional circumstances. Crucially, you must attach proof. If you are too sick to attend, attach a doctor’s note explicitly stating you are medically unfit to participate in a legal proceeding.
Step 4: Handling Late Requests (Within 14 Days)
If you request an adjournment less than 14 days before the hearing, the rules become extremely rigid. ⚠ The WSIAT generally will not process late written requests administratively. Instead, you (or your representative) must actually attend the hearing on the scheduled date-either in person in Toronto or via videoconference-and make an oral request for an adjournment directly to the Vice-Chair. You must be prepared to proceed with the hearing right then and there if the Vice-Chair denies your request.
Step 5: Understanding a “Peremptory” Hearing Date
If the Tribunal grants your adjournment, they will eventually schedule a new date. Often, this new date will be marked as “peremptory.” This is a strict legal term meaning “no further delays.” If a hearing is peremptory on your end, it means you must proceed on that date regardless of whether you have your evidence or your lawyer ready. It is the Tribunal’s final warning that the case must move forward.
How Much Does an Adjournment Cost in Ontario?
While the WSIAT does not charge filing fees, delaying a hearing has significant financial implications for an injured worker:
- Tribunal Fees: Requesting an adjournment is free ($0 CAD). There are no administrative penalties or fines from the WSIAT.
- Delayed Benefits: The biggest cost is time. If your appeal is for retroactive Loss of Earnings (LOE) benefits, postponing the hearing means waiting months longer to potentially receive the money you desperately need to pay bills.
- Lawyer Fees in CAD: If you retain a lawyer at the last minute to handle an emergency adjournment and prepare your file, expect to pay standard hourly rates ($250 to $650 CAD). Some lawyers charge a flat fee for the specific task of securing the postponement.
| Sudden Medical Emergency | Very High (with medical proof) | Submit doctor’s note immediately. |
| Mutual Consent of Parties | High | Submit written joint agreement. |
| Forgot to Hire a Lawyer | Very Low | Must show proof of diligent searching. |
How Long Does an Adjournment Delay the Process?
⌖ If your adjournment request is granted, do not expect a new hearing date next week. Due to severe scheduling backlogs at the WSIAT, getting a new hearing date typically delays your case by 4 to 8 months. The Tribunal must find a new slot that aligns with the availability of the Vice-Chair, the employer, and your representative, making the process painfully slow.
Frequently Asked Questions (FAQ)
What happens if I just do not show up to the hearing?
Failing to attend without prior approval is disastrous. The Vice-Chair will likely proceed without you, base their decision solely on the employer’s evidence or the existing paper file, and dismiss your appeal entirely.
Can the employer adjourn just to delay my benefits?
No. The WSIAT is highly critical of delay tactics. If an employer requests an adjournment without a valid, exceptional reason, the Tribunal will deny it to ensure the worker’s rights to a timely resolution are protected.
Can I ask for an adjournment to get a new doctor’s report?
Only if you can prove that you requested the report months ago and the delay is entirely the doctor’s fault. If you only asked for the report the week before the hearing, the Tribunal will likely deny the adjournment.
Do I have to share my medical reason for adjourning with my employer?
Yes. The rules of natural justice require that all parties have access to the same information. If you submit a medical note to the WSIAT to prove you are too ill to attend, a copy must be provided to the opposing side.
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