The defendant moved for a stay of proceedings or an indefinite adjournment of the trial pending a Workplace Safety and Insurance Appeals Tribunal (WSIAT) Right to Sue Application.
The defendant argued that the plaintiff's claim might be barred under the Workplace Safety and Insurance Act.
The court dismissed the motion, finding that the defendant had delayed raising the defence for years, had previously represented that the WSIAT application would not delay the trial, and that an adjournment would cause significant prejudice to the plaintiff who was ready for trial.
