Barry Wadsworth

The plaintiff successfully obtained an interim injunction against the defendants during a labour strike that was causing significant delays to the plaintiff's operations.

The only remaining issue was the quantum of costs.

The plaintiff sought over $205,000, including significant disbursements for private investigators, while the defendants suggested $15,000.

The court found the plaintiff's claimed costs excessive and punitive, noting the legal and factual issues were straightforward.

The court awarded the plaintiff a total of $37,083.80, which included a significantly reduced allowance for the investigator disbursements and legal fees.

The applicant, a real estate broker, sought judicial review of a decision by the Discipline Committee of the Real Estate Council of Ontario (RECO) that found him guilty of professional misconduct for advertising properties without consent.

The applicant argued that RECO did not exercise a statutory power of decision and alleged bias in the disciplinary process.

The Divisional Court held that RECO's disciplinary bodies do exercise a statutory power of decision subject to judicial review.

However, the court dismissed the application on the merits, finding no evidence of bias or procedural unfairness, as the applicant was provided full disclosure and a fair opportunity to be heard.

The self-represented applicant filed a notice of motion to review an order refusing leave to extend the time for bringing an appeal, but failed to perfect the motion.

The respondents sought to have the motion dismissed for delay.

The Court of Appeal declined to dismiss the motion, noting the lack of time limits in the Rules for perfecting such a motion, the applicant's unrepresented status, and the respondents' failure to bring a formal motion to dismiss.

The court scheduled the motion for a full hearing and set strict deadlines for perfection.