Hugh McPhail

The respondent Corporation sought costs following an application for judicial review of a labour arbitration award.

The court found the amount sought excessive, noting that the usual quantum for such applications is around $5,000.

The court declined to award higher costs based on the Corporation's choice to use out-of-province counsel and fixed costs at $5,000 inclusive of HST and disbursements.

The applicant union sought judicial review of an arbitrator's award ordering compensatory and punitive damages against it for organizing illegal strikes.

The union argued the collective agreement limited the arbitrator to declaratory relief for employer grievances.

The Divisional Court dismissed the application, finding the arbitrator reasonably interpreted the collective agreement and the Canada Labour Code in concluding he had broad remedial authority to award damages.