Client's motion to oppose confirmation of costs assessment dismissed; solicitors granted judgment for assessed amount.
The client brought a motion to oppose the confirmation of a Report and Certificate of Assessment regarding his former solicitors' legal accounts.
The solicitors brought a cross-motion for judgment based on a settlement agreement where the defendant in the underlying action agreed to pay the assessed costs.
The court found no special circumstances that would deprive the assessment officer of jurisdiction and upheld the assessment officer's findings.
The client's motion was dismissed, and the solicitors' cross-motion was granted, resulting in a judgment for the assessed amount of $125,602.83.
Employer's motion to dismiss unfair labour practice complaint for lack of prima facie case denied.
The applicant union filed an unfair labour practice complaint alleging the employer violated the Labour Relations Act by cancelling its nursing services contracts shortly after a first collective agreement was imposed by interest arbitration.
The employer brought a preliminary motion to dismiss the application for failing to disclose a prima facie case, arguing the employees were casual and suffered no change in status.
The Board dismissed the employer's motion, finding the union pled sufficient facts to put the employer to its defence regarding its motivation for cancelling the contracts.
The Board also denied the union's request for production of a subsequent bid document.