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The successful defendant on a motion to dismiss for lack of jurisdiction was awarded partial indemnity costs of $7,500.
This decision addresses the issue of costs following the dismissal of the plaintiff's claim for lack of jurisdiction.
The defendant, who successfully brought the motion to dismiss, sought partial indemnity costs.
The court found that partial indemnity costs were appropriate, as there was no reprehensible conduct by the plaintiff to warrant substantial indemnity costs.
After considering the complexity, importance, time spent, hourly rates, and proportionality, the court fixed the costs payable by the plaintiff to the defendant at $7,500.00, inclusive of HST and disbursements.
Action against union for unlawful removal from office dismissed for lack of jurisdiction under the Canada Labour Code.
The plaintiff, a former elected Vice President of the union, brought an action against the union alleging unlawful dismissal from his position and seeking reinstatement and damages.
The defendant union brought a motion to dismiss the action under Rule 21.01(3)(a), arguing the court lacked jurisdiction.
The court agreed, finding that the essential character of the dispute was an internal union disciplinary matter governed by the Canada Labour Code, which provides an exclusive adjudication process through the Canada Industrial Relations Board.
The action was dismissed for lack of jurisdiction.
