Understanding Tribunal Outcomes: What Do They Mean?

When you read a tribunal decision, the outcome tells you who won. But tribunal language can be confusing. Here’s what each outcome means in plain English.

✅ You Won (Worker/Claimant Wins)

Allowed

  • What it means: Your appeal was successful. The tribunal sided with you.
  • Example: “The appeal is ALLOWED. The worker is entitled to benefits for chronic pain.”
  • Next steps: WSIB/employer must implement the tribunal’s decision (usually within 30-60 days)

Granted

  • What it means: Your request was approved. Similar to “Allowed” but used for benefit applications or reconsiderations.
  • Example: “The application for Loss of Earnings benefits is GRANTED.”
  • Common in: ONSBT (benefits tribunals), WSIAT reconsideration decisions

Allowed - Violation Found

  • What it means: Human rights tribunal found discrimination or a violation of your rights.
  • Example: “The application is ALLOWED. The employer discriminated based on disability.”
  • Common in: HRTO (Human Rights Tribunal of Ontario)
  • Next steps: May include compensation order, reinstatement, or policy changes

Partial Win (sometimes called “Allowed in Part”)

  • What it means: You won some issues but not all.
  • Example: “The appeal is ALLOWED in part. Entitlement to NEL benefits confirmed, but Future Economic Loss denied.”
  • Next steps: Review which parts you won vs. lost. May appeal the denied portions separately.

❌ You Lost (Worker/Claimant Loses)

Dismissed

  • What it means: Your appeal was rejected. The tribunal sided with WSIB/employer.
  • Example: “The appeal is DISMISSED. The worker’s claim for chronic pain is not supported by medical evidence.”
  • Next steps: May file reconsideration (within 30 days) or judicial review (limited grounds)

Dismissed - No Violation

  • What it means: Human rights tribunal found no discrimination or violation.
  • Example: “The application is DISMISSED. The employer’s accommodation efforts were sufficient.”
  • Common in: HRTO decisions

Denied

  • What it means: Your request or application was rejected.
  • Example: “The application for reconsideration is DENIED.”
  • Similar to: Dismissed, but often used for procedural requests

No Jurisdiction

  • What it means: The tribunal doesn’t have legal authority to decide your case.
  • Example: “The tribunal has NO JURISDICTION to hear this matter. The issue falls under the Canadian Human Rights Act, not the Ontario Human Rights Code.”
  • Next steps: File with the correct tribunal or court

⚖️ Case Not Decided on Merits

Abandoned

  • What it means: You stopped participating or didn’t show up, so the case was closed without a decision.
  • Example: “The application is deemed ABANDONED due to non-compliance with Case Management Orders.”
  • Why it happens:
    • Missed deadlines for documents
    • Didn’t attend hearing
    • Stopped responding to tribunal communications
  • Can you reopen? Maybe—depends on tribunal rules. File a motion to reopen within strict timelines.

Withdrawn

  • What it means: You voluntarily ended your case (often after settlement or deciding not to proceed).
  • Example: “The appeal is WITHDRAWN at the request of the worker.”
  • Why it happens: Settled privately, changed mind, or strategic reasons

Settled

  • What it means: You and the other party reached an agreement before the tribunal decided.
  • Example: “The parties have settled. The appeal is withdrawn with the tribunal’s consent.”
  • Next steps: Settlement agreement is legally binding (make sure you understand terms)

🔄 Decision Sent Back

Remanded (or “Returned for Reconsideration”)

  • What it means: The tribunal sent the decision back to WSIB or a lower decision-maker to fix errors.
  • Example: “The matter is REMANDED to WSIB for reconsideration in light of new medical evidence.”
  • Why it happens:
    • WSIB didn’t consider all evidence
    • WSIB made a legal error
    • New evidence emerged after WSIB’s decision
  • Is this a win? Partially—the tribunal agreed WSIB got it wrong, but you don’t have final benefits yet. WSIB will reconsider.

Deferred

  • What it means: The tribunal postponed the decision, usually to wait for more information.
  • Example: “The decision is DEFERRED pending receipt of updated medical reports.”
  • Next steps: Submit requested documents quickly to avoid further delays

🧾 Administrative/Procedural Outcomes

Interim Decision

  • What it means: A temporary decision while the full case is still being heard.
  • Example: “INTERIM DECISION: The worker is entitled to temporary benefits pending final decision on permanent impairment.”
  • Next steps: Wait for final decision (which may take months)

Costs Decision

  • What it means: Decision about who pays legal costs (rare in Ontario WSIB/HRTO cases, but common in ONSBT).
  • Example: “COSTS DECISION: No order as to costs.”
  • Common in: ONSBT (Social Benefits Tribunal) decisions about legal fees

Reconsideration

  • What it means: A decision about whether to reopen or reconsider a previous tribunal decision.
  • Example: “The application for RECONSIDERATION is granted. The tribunal will reconsider its decision of June 1, 2024.”
  • Why it happens: New evidence, legal error, or exceptional circumstances
  • Success rate: Low (tribunals are reluctant to overturn their own decisions)

📊 What Are Your Odds?

Based on our analysis of 137,252 tribunal decisions (2020-2026):

Outcome Category Number of Cases Percentage
Worker Wins (Allowed, Granted, Partial Win) 67,032 48.8%
Worker Losses (Dismissed, Denied, No Jurisdiction) 7,085 5.2%
Abandoned/Withdrawn 19,253 14.0%
Administrative (Costs, Interim, Reconsideration) 42,355 30.9%
Other (Settled, Deferred, Remanded) 1,527 1.1%

Key takeaway: Among cases that reached a final decision on the merits (not abandoned), workers won 90.4% of the time.

🎯 How to Use This Information

If You’re Considering an Appeal

  • Good odds: Historical data shows 86-100% success rates for workers who persist with proper evidence
  • Biggest risk: Abandonment (14% of cases)—stay organized and meet all deadlines

If You’re Reading a Decision

  • Check the outcome paragraph: Usually at the end—look for “The appeal is ALLOWED” or “The application is DISMISSED”
  • Read the reasons: Understanding why you won/lost helps you know what to do next
  • Look for conditions: Sometimes “Allowed” comes with limits (e.g., “Allowed for 6 months, subject to medical reassessment”)

If Your Case Is Still Pending

  • Track your deadlines: Set reminders for document submissions, hearing dates, and response timelines
  • Prepare for remand: Even if tribunal sides with you, it might send it back to WSIB for reconsideration (adds 3-6 months)
  • Settlement option: If you’re offered a settlement, compare it to your chances at tribunal (90.4% win rate)

⚠️ Important Disclaimers

These statistics are based on AI analysis of tribunal decision text, not official tribunal reports. Treat them as indicative patterns, not guarantees. Individual outcomes depend on:

  • Evidence quality: Medical reports, witness statements, employer records
  • Legal representation: Lawyer vs. self-represented
  • Case complexity: Simple entitlement vs. complex pre-existing condition arguments
  • Tribunal composition: Different adjudicators may interpret evidence differently

Questions?

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