Ernie Schirru

Costs endorsement following the appeal reasons reported at 2025 ONCA 861.

The respondents on appeal were the more successful parties, having succeeded entirely on one issue and partially on the second, where the court substituted a temporary stay for the motion judge's dismissal.

The court discounted both the motion judge's costs award and the agreed appeal costs by 25% to reflect the divided success, resulting in costs of $18,750 for both the motion and the appeal, inclusive of disbursements and HST.

The appeal concerned whether claims arising from strike picketing by a unionized employer and related non-unionized corporate affiliates belonged in labour arbitration or in the Superior Court.

Applying Weber, the court held that the unionized employer’s claims arose from the collective agreement and were within the labour arbitrator’s exclusive subject-matter jurisdiction.

Applying Bisaillon, the court held that the arbitrator lacked personal jurisdiction over the non-party corporate affiliates, so their claims could not be dismissed for want of jurisdiction.

However, to prevent parallel litigation from undermining arbitration, the court ordered a temporary stay of the non-party claims pending completion of the labour arbitration and any related judicial review period.

The plaintiffs brought an action for damages resulting from alleged property interference and a blockade during a lawful strike by the defendant union.

Both parties brought summary judgment motions regarding the appropriate forum for the dispute.

The Superior Court held that it lacked jurisdiction, finding that the dispute arose from a labour dispute covered by a retroactive collective agreement.

The court dismissed the plaintiffs' motion and granted the defendants' motion, ruling that the Ontario Labour Relations Board is the proper forum.