Client Success Story: Last-Minute WSIAT Application Doesn’t Delay Trial

When facing last-minute procedural challenges in employment law cases, it’s essential to have experienced legal counsel who can act quickly to protect your rights. At Wallace Smith Lawyers, we’re committed to securing justice for clients involved in complex disputes like workplace harassment and wrongful dismissal.

Overview: of Adamski v. Costco Wholesale Canada Ltd

In Adamski v. Costco Wholesale Canada Ltd (2025 ONSC 1769), Wallace Smith partner, Brian Smith, successfully opposed a defence motion to adjourn both the pre-trial and trial dates. Justice Kalajdzic ruled that the trial would proceed as scheduled, finding it was in the interests of justice to do so. Her decision aligns with previous rulings in Kumra v. Stagliano (2022 ONSC 5252) and Field v. Zainab (2022 ONSC 2759), where similar adjournment requests were denied.

Timeline of the Adamski Workplace Harassment Case

We began representing Ms. Adamski in November 2018 in an action against her former employer and three co-workers, alleging workplace harassment and wrongful dismissal. Discoveries concluded in 2021, and we served the Trial Record in March 2023. The trial was scheduled with both parties' consent in May 2023.

On October 31, 2024, more than a year after the trial date was set, the defendants filed a Workplace Safety and Insurance Act (WSIA) s. 31 application, seeking a ruling that Ms. Adamski had no right to pursue on certain causes of action. They then moved to indefinitely adjourn the trial under Rule 52.02 of the Rules of Civil Procedure, citing the pending WSIA decision.

Defendants’ Motion to Adjourn in Workplace Harassment and WSIAT Case

The motion was heard on February 28, 2025, by Justice Kalajdzic. At the time:

• Pre-trial was set for April 15, 2025.

  
  

• Trial was set to begin May 12, 2025.

  
  

• All undertakings were complete, and expert reports exchanged.

The WSIAT (Workplace Safety and Insurance Appeals Tribunal) intake process had begun, but no hearing date was scheduled.

Justice Kalajdzic also took into account our client’s situation. She is a single mother receiving ODSP and cannot afford the recommended psychological treatment without resolution of the case.

Legal Principles and Arguments in the Wrongful Dismissal Claim

Under Rule 52.02, courts must balance the interests of the plaintiff, the defendant, and the administration of justice when deciding whether to grant a trial adjournment.

The defendants argued:

1. The WSIAT ruling was essential to determining key legal issues.

   
   

2. An adjournment would promote procedural fairness by clarifying trial scope.

   
   

3. Any prejudice to the plaintiff could be addressed through pre-judgment interest and costs.

We responded that the delay after over six years of litigation would cause significant, non-compensable harm to our client. The s. 31 application was brought late, with no good explanation.

Court’s Ruling on Late WSIA Application and Trial Delay

Justice Kalajdzic found:

• The defendants knew—or should have known—about a potential WSIA defence long before October 2024.

  
  

• Defence counsel conceded they could have filed the application earlier.

  
  

• There is no limitation period on s. 31 applications, but that did not justify bringing one at the eleventh hour.

While recognizing that s. 31 applications should ideally be resolved before trial, Justice Kalajdzic emphasized that delaying civil trials indefinitely undermines the justice system. She noted that financial compensation like interest or costs can’t substitute for timely access to justice, especially when that justice may allow a vulnerable plaintiff to afford necessary therapy and rebuild her life. Citing the Court of Appeal in Barbiero v Pollak (2024 ONCA 904), she underscored the judiciary's push for a culture shift toward faster resolution of legal disputes. Fixing a trial date, she wrote, signals that all preliminary matters are resolved, and the case is ready to proceed.

A Successful Outcome in Employment Law and a Workplace Harassment Case

The motion was dismissed with costs. This was an important win for our client and a reminder that late procedural tactics should not delay trials.

Protecting Your Rights in Employment Law Cases

At Wallace Smith Lawyers, we fight to ensure workplace harassment and wrongful dismissal cases proceed without delay. Contact us today for expert legal support in employment law, WSIAT matters, and more.