Practice Direction #40 – Enhanced Case Management

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1.0 This Practice Direction explains

  • what enhanced case management is.
  • which cases are selected for enhanced case management.
  • what is involved in enhanced case management.

2.0 What Enhanced Case Management Is

2.1 Enhanced case management is a flexible, user-centered, and proactive way of managing an appeal or application that needs closer procedural oversight. A Vice-Chair or Panel is assigned early to guide the case and ensure fair and efficient adjudication.

2.2 Enhanced case management is intended to provide early and ongoing procedural oversight in cases that may otherwise be delayed or become unnecessarily complex. By assigning a Vice-Chair or Panel early in the processing of an appeal or application, the WSIAT can

  • identify and resolve preliminary issues sooner;
  • support parties in organizing their evidence and submissions; and
  • tailor the process to the needs and capabilities of the parties.

2.3 Each case is handled based on its specific circumstances, and the Vice-Chair or Panel has discretion to manage the process.

3.0 Which Cases are Selected for Enhanced Case Management

3.1 Any appeal or application may be selected for enhanced case management. Factors considered may include the type of claim or the parties involved.

3.2 Factors related to the type of claim can include

  • The nature of the claim, including any significant legal or policy issues (for example, the inclusion of issues in relation to the Canadian Charter of Rights and Freedoms or the Ontario Human Rights Code).
  • The complexity of the claim, such as the number of issues or parties.
  • The novelty of the appealed issues.
  • The possibility of outstanding issues at the Workplace Safety and Insurance Board.
  • The possibility that the same issue(s) has already been decided.
  • The need to decide preliminary issues before the hearing.
  • Whether the same issue or issues are already before the WSIAT in multiple appeals, or the appeal has been identified as, or related to, a leading case.
  • The applicability of multiple workers’ compensation acts.
  • The type or complexity of the evidence.
  • The volume of materials.
  • The age of the claim.

3.3 Factors related to the parties involved can include

  • A self-represented party who requires additional procedural support to ensure the fair and efficient processing of the case.
  • Complex accommodation requests or needs that require early and ongoing procedural oversight.
  • A difference in representation that may affect the fairness or efficiency of the proceedings (for example, one party has representation and the other does not).
  • A highly contentious relationship between the parties that is exceptional and has the potential for causing delay or can interfere with a fair hearing.
  • Frequent or extensive requests by a party for information and/or procedures that aren’t proportionate to the appeal or application.
  • A hearing that has been adjourned multiple times.
  • A representative who has a prior violation of Practice Direction #29 – WSIAT Code of Conduct for Representatives, or has engaged in conduct that amounted to an abuse of process.
  • A party who has repeatedly failed to respond to the WSIAT’s requests and/or directions.
  • A request from a third party to intervene.

3.4 WSIAT staff may identify an appeal or application as suitable for enhanced case management at any point, which will usually occur early in the processing of the case. Parties may request enhanced case management, in writing, as early as possible after they become aware that the appeal or application may benefit from closer procedural oversight. A written request should explain why they think enhanced case management is appropriate, referring to the factors in sections 3.2 and 3.3.

3.5 The decision to select an appeal or application for enhanced case management is made by the Chair on the recommendation of the Vice-Chair Registrar, Director of Appeal Services, or Tribunal General Counsel.

3.6 A case selected for enhanced case management may also be referred to the WSIAT’s Alternative Dispute Resolution (ADR) Department. An ADR Dispute Resolution Officer (DRO) usually assists with resolving cases before a hearing.

3.7 Enhanced case management is reserved for cases that require the early assignment of a Vice-Chair or Panel for ongoing procedural oversight. Requests for pre-hearing procedural directions (such as hearing format, disclosure issues, or preliminary procedural rulings) should be made to the Vice-Chair Registrar.

4.0 What Is Involved in Enhanced Case Management

4.1 Cases selected for enhanced case management will be assigned to a Vice-Chair or Panel early in the processing of the appeal or application. The Vice-Chair or Panel will provide direction and guidance on how the case will proceed.

4.2 Once assigned the Vice-Chair or Panel will

  • manage all procedural aspects of the appeal or application; and/or,
  • decide the appeal or application.

4.3 If the assigned Vice-Chair or Panel changes, the parties will be notified.

4.4 Tribunal Counsel may assist in processing an appeal or application selected for enhanced case management.

4.5 The Vice-Chair or Panel may make rulings necessary to ensure that proceedings are fair, efficient, and proportionate. In appropriate cases, this may include measures to manage the proceeding, address procedural concerns, or prevent abuses of process, such as

  • Clarifying the issue agenda and the WSIAT’s jurisdiction.
  • Determining the appropriate hearing format (e.g., written, teleconference, videoconference, in-person, or hybrid).
  • Determining the number of, spacing of, and/or length of hearing days.
  • Setting reasonable limits on the length of written or oral submissions.
  • Setting time limits for presenting evidence or arguments.
  • Requiring parties to meet specific deadlines for filing materials or responses.
  • Limiting or not allowing further submissions on issues that have already been adequately addressed.
  • Requiring evidence or submissions to be provided in writing.
  • Limiting the number of witnesses or the scope of their testimony.
  • Declining to consider submissions that are irrelevant, repetitive, or disproportionate to the issues.
  • Addressing certain issues first, such as preliminary or jurisdictional issues.
  • Managing participation in the hearing process, including determining the scope of any intervenor’s participation and whether observers may attend, and on what conditions.
  • Commenting on or taking official notice of a party or representative’s behavior.
  • Taking appropriate remedial action for failure to comply with directions or procedural requirements.
  • Ruling on complex accommodation issues.
  • Placing restrictions on the parties and/or hearing process.

4.6 Failure by a party to follow the Vice-Chair or Panel’s directions may result in the appeal or application being

  • decided based on the written record, without an oral hearing;
  • made inactive; or,
  • closed.

4.7 In specific circumstances, and consistent with the WSIAT’s past decisions, a matter may be dismissed for abuse of process. This is an exceptional remedy and will only be considered where less serious measures would not adequately address the conduct or protect the integrity of the WSIAT’s processes.

5.0 References and Resources

5.1 Legislative Authority

Workplace Safety and Insurance Act, 1997 sections 131 (the WSIAT can determine its own practice and procedure) and 132 (the WSIAT’s powers regarding proceedings)

5.2 Decisions

  • WSIAT Decision No. 2924/18 (abuse of process)
  • Toronto (City) v. C.U.P.E., Local 79, 2003 SCC 63 (abuse of process)

5.3 Related Practice Directions

Effective date August 26, 2026
Revised date August 28, 2026