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The court significantly reduced the successful defendant's costs claim due to excessive preparation and senior counsel involvement.
Following the dismissal of the plaintiff's breach of contract claim after a liability trial, the defendant, Revera Inc., sought partial indemnity costs.
The plaintiff acknowledged entitlement to costs but disputed the amount.
The court, applying Rule 57.01 of the Rules of Civil Procedure, assessed the reasonableness of the claimed costs, noting that a costs award is not a simple mathematical calculation.
The judge found the time docketed by the defendant's counsel and the extent of senior counsel involvement to be excessive for the simplicity of the factual dispute, despite the significant amount in issue ($1.4 million).
The court awarded partial indemnity costs significantly lower than requested, emphasizing that the unsuccessful party should not bear the cost of "overpreparation" or unnecessary senior counsel involvement.
Paper mill operator found to be an employer in the construction industry regarding pipefitting project.
The applicant trade union sought certification for pipefitters and welders working on a top wire former project at the respondent's paper mill.
The respondent argued it was not an employer in the construction industry and that the work was maintenance, not construction.
The Ontario Labour Relations Board found that the installation and alteration of piping systems to improve the mill's warm and white water capacity constituted construction and alteration of buildings under section 1(1)(f) of the Labour Relations Act.
The Board further held that by performing this construction work, the respondent operated a business engaged in the construction industry within the meaning of section 117(c), regardless of whether its primary business was papermaking.
The matter was directed to be listed for hearing on remaining issues.
