David Spears

The applicant company sought judicial review of an interlocutory procedural order made by an arbitrator in an ongoing grievance arbitration.

The order required the company to produce documents found to be arguably relevant and declined to bifurcate the hearing.

The Divisional Court dismissed the application as premature, reiterating its disinclination to intervene in ongoing labour relations processes absent exceptional circumstances.

This decision addresses the costs arising from a successfully opposed motion for a stay of hearing.

The respondent sought costs on a substantial or partial indemnity basis.

The court considered factors under Rule 57 of the Rules of Civil Procedure, including success, complexity, and proportionality.

Given the non-complex nature of the issues and the hearing in writing, the court awarded the respondent $3,500.00 inclusive of HST and disbursements on a partial indemnity basis.