Ian V.B. Nordheimer

The applicant sought costs following an application for judicial review and a stay motion that were granted on consent.

The court rejected the Commission's proposed costs of $3,500 as inadequate.

Costs for the application and stay motion were fixed at $10,000, with an additional $1,500 awarded for the day's appearance.

The landlord appealed a decision awarding the tenant $7,648.80 for the replacement value of goods removed or trashed by the landlord.

The landlord argued that damages should be nominal or reduced by fifty percent for depreciation.

The Divisional Court dismissed the appeal, finding no errors of law and holding that it was open to the trier of fact to award replacement values.

Costs of $5,000 were awarded to the respondent tenant.

The appellant brought a motion to adjourn the appeal in order to obtain a transcript of a trial management conference.

The Divisional Court denied the motion, noting that a court reporter is only present at such conferences when a litigant is unrepresented, and a transcript cannot be ordered without the conference judge's permission.

The court held that granting an adjournment based on the mere hope of obtaining permission made no sense.

Furthermore, the relevant rule only contemplates transcripts of oral evidence, which was not given at the conference.

The applicant union sought judicial review of an Ontario Labour Relations Board decision upholding the assignment of certain I-beam installation work to a rival union.

The applicant argued the Board breached procedural fairness by failing to consider twenty drawings submitted with its reply.

The Divisional Court dismissed the application, finding the Board had considered the drawings and its decision was not patently unreasonable.