Mark A. Wright

Following the dismissal of the applicants' judicial review application on the grounds of delay, the respondents sought costs.

The court fixed costs on a partial indemnity scale, reducing the claimed amounts due to excessive hours, duplication of effort by multiple lawyers, and unexplained disbursements.

Costs were fixed at $18,000 plus disbursements for the respondent union and $14,000 plus disbursements for the respondent locals.

The applicants sought judicial review of an Ontario Labour Relations Board decision but delayed perfecting the application for 13 months.

The respondents brought a preliminary motion to dismiss the application for delay.

The Divisional Court granted the motion, noting the applicants offered no explanation for the delay, evaded explicit OLRB orders, and caused ongoing prejudice and uncertainty in a time-sensitive labour relations dispute.