Following dismissal of a Rule 21 motion brought by one defendant seeking to bar claims relating to expulsion from union membership, the court addressed costs.
The plaintiffs had successfully resisted the motion, which sought to preclude the action for failure to exhaust internal union appeals or for lack of jurisdiction.
Applying the discretionary costs framework under s. 131(1) of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court considered proportionality, complexity, and the results achieved.
Relying on appellate guidance regarding fair and reasonable costs awards, the court held that the successful plaintiffs were entitled to costs.
Partial indemnity costs of $4,990 were ordered payable by the moving defendant only.
