Frantz v. NB Thrilling Films 4 Inc. et. al.
ADRIENNE FRANTZ
Law Firm / Organization
Wishart Brain & Spine Law LLP
Lawyer(s)

Robyn Wishart

NB THRILLING FILMS 4 INC.
Law Firm / Organization
Kelly Santini LLP
Lawyer(s)

Pasquale Santini

PIERRE DAVID
Law Firm / Organization
Kelly Santini LLP
Lawyer(s)

Pasquale Santini

CINTHIA BURKE
Law Firm / Organization
Kelly Santini LLP
Lawyer(s)

Pasquale Santini

CURTIS CRAWFORD
Law Firm / Organization
Kelly Santini LLP
Lawyer(s)

Pasquale Santini

Background

  • Adrienne Frantz, a California-based actress, was injured in 2014 while filming The Perfect Girlfriend in Ottawa when a canine actor allegedly bit her face.
  • She sued in 2016, seeking over $5 million in damages.
  • The defendants argued the claim was barred under Ontario’s Workplace Safety and Insurance Act (WSIA), which prevents covered workers from suing for workplace injuries.
  • In 2024, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) ruled that Frantz was a worker covered by WSIA and thus could not sue.
  • The action was dismissed on consent, and the court was asked to determine costs.

Positions of the Parties

  • Defendants: Argued the lawsuit should never have been commenced and sought $104,107.10 in costs, claiming Frantz should have known her claim was barred.
  • Plaintiff: Contended that only a modest cost award was appropriate, as the defendants delayed seeking a WSIAT ruling until after years of litigation, despite pleading WSIA as a defense.

Court’s Analysis & Decision

  • The defendants could have sought a WSIAT ruling earlier instead of waiting until trial preparation was complete.
  • Responsibility for determining whether WSIA applied was shared by both parties.
  • Costs related to the WSIAT hearing and a security-for-costs motion were excluded.
  • The court awarded $62,000 in costs to the defendants, adjusting for delays in filing the WSIAT application.

Key Takeaways

  • WSIA removes the right to sue for workplace injuries in covered cases.
  • Delayed WSIAT applications can lead to unnecessary litigation costs.
  • Courts may reduce costs if delays result from both parties’ actions.
Superior Court of Justice - Ontario
CV-16-70457
Insurance law
$ 62,000
Defendant