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Court reduces excessive costs claim and awards partial indemnity costs after abandoned motion.
Following the abandonment of a motion for leave to file evidence responding to a motion to strike portions of a statement of claim, the court determined the appropriate costs award.
The underlying action alleged defamation and abuse of public office.
The moving party argued that its motion became unnecessary after the opposing party abandoned a ground asserting the truth of the impugned statements.
The court held the motion for leave was a reasonable response to the position originally taken, but rejected the request for substantial indemnity costs as excessive.
Costs were awarded on a partial indemnity basis and reduced after review of the bill of costs.
Civil action by public servant struck out as dispute fell within exclusive jurisdiction of grievance process.
The appellant, a federal public servant, grieved his suspension and subsequent dismissal under the collective agreement.
After his grievances were partially allowed and he was reinstated, he brought a civil action against his employer and several individuals alleging discrimination, intimidation, conspiracy, and interference with contractual relations.
The motions judge struck out the statement of claim on the basis that the court lacked jurisdiction.
The Court of Appeal dismissed the appeal, applying the exclusive jurisdiction model from Weber v. Ontario Hydro, finding that the essential character of the dispute arose under the collective agreement and the appellant was not deprived of an ultimate remedy.
