Practice Direction #30 – Representatives’ Fees and Costs

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1.0 This Practice Direction

  • discusses the meaning of the word “costs”
  • explains that the WSIAT has no authority to award legal costs

2.0 Costs

2.1 Costs mean the money a party spends on a lawyer or a representative to prepare and attend a hearing. This includes charges for expenses like printing and courier delivery.

3.0 No Authority to Award Legal Costs

3.1 Parties may choose to retain a representative. Parties are responsible for paying the fees and expenses for a representative. This could be a lawyer or paralegal.

3.2 The WSIAT has no authority to award costs against another party.

3.3 The WSIAT may refund certain expenses related to a worker’s attendance at a hearing. Review Practice Direction #39 – Fees and Expenses.

4.0 References and Resources

4.1 Legislative Authority

Workplace Safety and Insurance Act, 1997, section 131 (the WSIAT can determine its own practice and procedure)

4.2 Decisions

WSIAT Decision No. 99/91 A (WSIAT jurisdiction to pay costs)

WSIAT Decision No. 927/89 (WSIAT jurisdiction to pay costs)

WSIAT Decision No. 1058/00 (WSIAT jurisdiction to pay costs)

4.3 Related Practice Directions

5 – Hearing Formats

28 – Representatives

39 – Fees and Expenses

Effective date: May 6, 2024