ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
LANE, THEN AND LANG JJ.
B E T W E E N:
THE ONTARIO PROVINCIAL CONFERENCE OF THE INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS, THE INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS, LOCALS 1, 2, 4, 5, 10, 12, 20, 23, 28, 29 AND 31, JERRY COELHO, TOM OLDHAM, THE BRICK AND ALLIED CRAFT UNION OF CANADA AND THE BRICK AND ALLLIED CRAFT UNION OF CANADA, LOCALS, 1, 2, 4, 5, 10, 12, 20, 23, 28, 29 AND 31
Applicants
- and -
THE INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS, JOHN T. JOYCE, JOHN J. FLYNN, FRANK STUPAR AND JAMES BOLAND ET AL
Respondents
Mark A. Wright and L. A. Richmond, for the Applicants
Barrie Chercover and David A. Wright, for the Ontario Labour Relations Board
Peter Engelmann and Michael Gottheil, for the International Union of Bricklayers and Allied Craftsmen, Locals 6, 7, and 25
Andrew K. Lokan and Donald K. Eady, for the Respondents
Released: June 30, 2003
reasons on costs
THE COURT:
The respondents, International Union of Bricklayers and Allied Craft Workers, and certain individuals (IUBAC), claims costs of $28,810 plus disbursements. The Locals, also respondents, claim costs of $22,876 plus disbursements. The OLRB makes no claim for costs.
We earlier dismissed the applicants’ judicial review application on the grounds of delay after a half-day hearing. The respondents preparation time was extensive because they not only prepared for the delay motion but as well for a further 1 ½ day hearing on the merits.
The fact situation, while one that counsel knew from many hearings between the parties, was complicated. It took some organization to incorporate considerable information into the facta for the court’s consideration. Due to the unusual amount of preparation needed and the complexity of the information, we would fix costs at a higher level that we would for the usual matter that occupied ½ day of court time.
The respondent, IUBAC, seeks costs at the highest end of the partial indemnity scale because the applicants delayed in bringing their application forward. The respondent did not seek, nor would we have awarded, costs on a substantial indemnity basis. Accordingly we decrease the suggested hourly rates of $300 for the two counsel with 13 and 12 years experience. We also reduce the time spent as there is no breakdown that explains the 94 hours claimed.
The respondent Locals’ Bill of Costs lists the involvement of a number of lawyers and law students. While their involvement may well have been appropriate for inclusion in an account to their client, the applicants in this case should not have to bear the expense of the time it took for each of those individuals to achieve a familiarity with the file. The suggested hourly rates of $240 for counsel who appeared on the motion are appropriate. The Locals disbursements are high without any breakdown as to the reason for the large amounts claimed as expenses for legal research and facsimiles. We reduce those amounts.
In the result, we fix costs for IUBAC and the other individual respondents at $18,000 plus disbursements of $646.19 + GST where applicable. We fix costs for the Locals at $14,000 plus disbursements of $2,020 + GST where appropriate. These costs are payable by the applicants to the respondents within 30 days.
COURT FILE NO.: 352/01
DATE: 20030630
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
LANE, THEN AND LANG JJ.
B E T W E E N:
THE ONTARIO PROVINCIAL CONFERENCE OF THE INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS, ET AL.
Applicants
And
THE INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS, JOHN T. JOYCE, JOHN J. FLYNN, FRANK STUPAR AND JAMES BOLAND ET AL.
Respondents
COSTS REASONS
Date of Reasons on Costs: June 30, 2003