Following a motor vehicle accident, the plaintiff sued multiple parties, including her employer.
The Workplace Safety and Insurance Tribunal (WSIAT) eventually ruled that the plaintiff's claim against her employer was statute-barred under s. 28 of the Workplace Safety and Insurance Act, 1997.
The employer and the vehicle owner sought their costs of the civil action on a partial indemnity scale.
The court awarded costs but limited them to the pleadings stage, noting the exceptional circumstances, including the plaintiff's proactive approach, the WSIAT's institutional delay, and the employer's retroactive WSIB registration.
