Boyd v. Cooper,  O.N.W.S.I.A.T. No. 266
Date of Decision: February 06, 2009
We brought an application seeking a dismissal of an action on the basis that plaintiffs’ action was barred pursuant to the Workplace Safety and Insurance Act. After a 3-day hearing the Tribunal granted the application. In a detailed judgment it found that the evidence supported the fact the plaintiff was an employee of the defendant regardless of the parties’ characterization to the contrary. Although the insurer was not entitled to costs as costs are not awardable in these proceedings, the insurer’s decision to be added as interested party, then bringing the application were described as reasonable and understandable in the protection of its interest.
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