Following the dismissal of the self-represented plaintiff's $17 million action against the WSIB and WSIAT for lack of jurisdiction, the defendants sought costs.
The WSIB claimed $7,000 on a substantial indemnity basis, and the WSIAT claimed $3,000.
The court considered the principles of indemnification, reasonableness, and access to justice, noting that the plaintiff's claim, while lacking a viable cause of action in the Superior Court, was not frivolous or vexatious.
Recognizing the plaintiff's self-represented status and the need to balance access to justice with discouraging improper litigation, the court fixed costs at $3,000 payable to each defendant.
