27 Feb 2025
Frantz v. NB Thrilling Films 4 Inc. et. al.
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.