Henry Jurioviesky

The Plaintiff sought costs for a successful class action certification motion, requesting $229,283 (partial indemnity) or $343,924 (substantial indemnity).

The Defendant conceded costs were due but argued the amount was disproportionately high, proposing $102,081.10.

The court, exercising its discretion under s. 131 of the Courts of Justice Act and Rule 57.01(1) of the Rules of Civil Procedure, found the Plaintiff's counsel's requested hours (1,094.28) to be excessive for a motion of moderate complexity, despite the importance of the issues for access to justice in a class action.

The court awarded costs to the Plaintiff in the amount of $102,000 plus HST and disbursements, aligning closely with the Defendant's proposed amount as a proportionate level of costs.

The Plaintiff moved for certification of a class action concerning overtime and public holiday pay under the Employment Standards Act, 2000.

The Defendant argued that its employees fell under construction industry exemptions and that some were managers, requiring individual assessments.

The court certified the action, finding that the causes of action were disclosed, an identifiable class existed, common issues were present (including the applicability of ESA exemptions based on the employer's overall output and the minimal nature of supervisory duties), a class proceeding was the preferable procedure, and the representative plaintiff was suitable with a workable litigation plan.