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Costs denied to litigation loan providers as the defendants' failed motion raised a novel issue.
Following a failed motion by the defendants to have their trial costs paid by various litigation loan providers, the loan providers sought their costs of the motion.
The court declined to award costs to the loan providers, finding that the defendants' motion raised a novel issue regarding the enforcement of a costs award against a litigation loan provider and the requirement for court approval of litigation loan agreements.
Given the novelty of the issue, the court exercised its discretion to make no order as to costs.
Board has jurisdiction to hear grievance referred after collective agreement expiry if incident occurred during term.
The applicant referred a grievance to the Ontario Labour Relations Board under section 124 of the Labour Relations Act.
The respondent raised a preliminary objection to the Board's jurisdiction, arguing that the collective agreement had expired and the applicant was no longer a party to it.
The Board dismissed the preliminary objection, finding that the grievance was founded on an incident that occurred during the existence of the collective agreement and was filed within the mandatory time limits.
The Board held that the right to refer the grievance to arbitration crystallized during the term of the agreement, and the matter was referred to the Registrar for listing for a further hearing.
