Emily C. Durst

The defendants sought their costs of defending a civil action after the Workplace Safety and Insurance Appeals Tribunal ruled the plaintiff's claim was barred by the Workplace Safety and Insurance Act.

The plaintiff argued the defendants should have brought the WSIA application earlier to avoid unnecessary litigation costs.

The court agreed that the defendants should have been aware of the WSIA issue by the time productions were delivered and limited their costs recovery to the end of the pleadings stage, awarding $4,181.