Following the dismissal of the union's application for an interim injunction against the employer's mandatory COVID-19 vaccination policy, the employer sought partial indemnity costs of $34,146.11.
The union argued no costs should be awarded as the matter was of public interest and novel concern, or alternatively that costs should be capped at $10,000.
The court rejected the novelty argument, finding existing case law was adequate to resolve the issue.
After considering the factors under Rule 57.01, including the importance of the issues, the urgent timeline, and reasonable expectations, the court fixed costs at $27,000 payable by the union.