Key Issues & Rulings

1. Motion for WSIB to Cover Plaintiffs’ Legal Costs

   • Plaintiffs, led by Taylor, sought an order requiring Workplace Safety and Insurance Board (WSIB) to fund legal representation or appoint amicus curiae.
   • Ruling: Denied. The court found no statutory authority for WSIB to fund litigation against itself.

2. Request for Self-Representation in Class Action

   • Plaintiffs sought to proceed without legal counsel.
   • Ruling: Denied under Rule 15.01(1), which mandates legal representation in class actions to protect all class members’ interests.

3. Defendants’ Motion to Dismiss

   • Defendants sought dismissal due to lack of compliance with Rule 15.01(1) and Taylor’s failure to pay court-ordered costs.
   • Ruling: Case stayed for 120 days to allow plaintiffs to retain counsel. If they fail, defendants may seek dismissal.

4. Concerns About Lead Plaintiff

   • Taylor previously litigated similar issues unsuccessfully, accumulated unpaid cost orders, and engaged in abusive litigation.
   • Court found Taylor unsuitable to represent the class.

5. Denial of Amicus Curiae and Interim Costs

   • Amicus curiae was unnecessary as it assists the court, not litigants.
   • Interim costs denied due to plaintiffs’ failure to prove financial incapacity or lack of alternative funding.

Outcome

• Plaintiffs must secure legal counsel within 120 days or risk case dismissal.
• No damages were awarded.