2 total
Successful moving party awarded partial indemnity costs after motion.
The successful plaintiffs sought costs following a motion in civil litigation.
The court considered the relevant factors under Rule 57 of the Rules of Civil Procedure, including success on the motion, proportionality, complexity of the issues, and the conduct of the parties.
The defendants argued that costs should not be awarded due to alleged deficiencies in disclosure discovered during examinations for discovery.
The court declined to address the disclosure dispute at this stage and left any potential consequences to the trial judge.
Finding the plaintiffs completely successful and the claimed partial indemnity costs reasonable, the court ordered the defendants to pay costs in the amount of $9,500 inclusive of HST.
Application for judicial review dismissed; arbitrator's failure to provide reasons on subsidiary time extension issue not fatal.
The applicant sought judicial review of an arbitral award dismissing a grievance for being filed outside the time limit set out in the collective agreement.
The applicant argued the arbitrator failed to provide reasons for rejecting a request to extend the time limit under the Canada Labour Code.
The Divisional Court dismissed the application, holding that the arbitrator's failure to provide reasons on a subsidiary issue did not amount to a breach of natural justice or render the decision patently unreasonable, as the applicant had failed to adduce evidence justifying an extension.
