J.D. Belec

This costs endorsement addresses a motion in a proposed class action brought by self-represented plaintiffs seeking, among other things, an order that the Workplace Safety and Insurance Board (WSIB) pay their legal costs or that amicus curiae be appointed.

The court dismissed the plaintiffs’ motion and ordered the proceedings stayed pending compliance with Rule 15.01(1).

The successful defendants, WSIB and the Workplace Safety and Insurance Appeals Tribunal (WSIAT), sought costs.

The court reviewed the principles governing costs, found no reason to depart from the usual rule that costs follow the event, and ordered Mr. Taylor to pay $2,500 each to WSIB and WSIAT.

The court considered a motion by self-represented lead plaintiffs in a proposed class action challenging workers’ compensation regimes across Canada.

The plaintiffs sought an order requiring the Workplace Safety and Insurance Board (WSIB) to pay their legal costs, or alternatively, the appointment of amicus curiae or permission for the lead plaintiffs to represent the class.

The defendants moved to dismiss the action for failure to comply with Rule 15, which requires representative parties to be represented by counsel.

The court held that compliance with Rule 15.01(1) is mandatory and that the plaintiffs could not represent the class.

The court declined to appoint amicus curiae or grant an interim advance cost award, finding no exceptional circumstances or evidence of financial need.

The action was stayed pending the plaintiffs’ retention of counsel.