Farah Baloo

This costs endorsement follows the granting of an interlocutory injunction to restrain a blockade at the applicant’s premises.

The court considered written submissions on costs and, applying the relevant legal principles and factors, ordered the respondents to pay the applicant $14,000 on a partial indemnity basis.

The decision reviews the purposes of costs, proportionality, and the appropriateness of awarding costs forthwith after an interlocutory injunction, referencing relevant case law and statutory provisions.

The decision addresses motions regarding the appointment of representative counsel for current and former employees and retirees of Hudson’s Bay Company ULC and related entities in ongoing Companies’ Creditors Arrangement Act (CCAA) proceedings.

The Court declined to appoint any of the nominated law firms as representative counsel at this stage, instead appointing the Honourable Herman Wilton-Siegel as an independent third party to evaluate proposals and make a recommendation.

The Court also approved amendments to the Sale and Investment Solicitation Process (SISP) to remove the company’s art and artifact collection from the SISP and to appoint Heffel Gallery Limited to conduct a separate auction for the collection, subject to further court approval of procedures.

The reasons review the legal framework for appointing representative counsel and the importance of balancing stakeholder interests in complex insolvency proceedings.

The court granted an interlocutory injunction to Titan Tool & Die Limited, restraining Unifor, its Local 195, and named individuals from blockading the applicant’s premises and obstructing the removal of customer-owned tooling.

The decision addresses whether the dispute was a “labour dispute” under the Courts of Justice Act, the procedural and jurisdictional issues raised, and the application of the RJR-MacDonald test for interlocutory injunctions.

The court found the protest was not a labour dispute, that the requirements for an injunction were met even if it were, and that the balance of convenience, irreparable harm, and serious issue to be tried all favoured granting the injunction.