2 total
The court fixed the plaintiff's partial indemnity costs at $14,855.99 following the settlement of a simplified procedure employment action.
The plaintiff claimed damages for early termination of a fixed-term employment contract under simplified procedures.
The action settled, with costs remaining in dispute.
The plaintiff sought partial indemnity costs of $24,615.80, while the defendant proposed $5,000 plus disbursements, arguing for restraint in simplified procedure cases and criticizing the plaintiff's conduct and excessive time spent.
The court considered factors under Rule 57.01(1), the simplified procedure context, the amount recovered, and the defendant's reasonable expectations, ultimately fixing the plaintiff's total costs at $14,855.99.
Judicial review of OLRB decertification dismissed; reasonable to require specific pleadings of recent employer interference.
The applicant union sought judicial review of three Ontario Labour Relations Board decisions that declared it no longer represented the employees of the respondent employer.
The union argued the Board unreasonably dismissed its allegations of employer interference without a hearing, relying on a continuing taint from a prior Board finding of interference three years earlier.
The Divisional Court dismissed the application, holding it was reasonable for the Board to require the union to plead specific, proximate facts of interference rather than relying on the historical taint, especially since the statute does not impose a reverse onus on the employer in these circumstances.
