Dogged Defence Prevails at WSIAT Hearing
Kelly Santini’s Shawn O’Connor represented a film producer in a personal injury action brought by an actor in the film who suffered a dog bite on the film set during filming. After a two-day hearing before the Workplace Safety and Insurance Tribunal we were successful in obtaining a declaration that the actor was a worker in the course of employment and that the right to sue was taken away by the provisions of the WSIB legislation. The plaintiff had argued that they were an independent contractor providing services pursuant to a loan out agreement, however the Tribunal accepted the defendant’s argument that the ACTRA/SAG collective agreement provisions were more consistent with an employment type relationship. Click here to read the decision.