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.