COURT FILE NO.: 463/04

554/04

DATE: 20050907

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

B E T W E E N:

AUTOLAND CHRYSLER (1981) LIMITED Applicant

• and -

MICHAEL LEAHEY Applicant

• and -

TEAMSTERS UNION, LOCAL 879 Responding Party

• and -

THE ONTARIO LABOUR RELATIONS BOARD Responding Party

ENDORSEMENT AS TO COSTS

O’DRISCOLL J.:

[1] On August 18, 2004, Autoland Chrysler (1981) Limited (Autoland) brought an application for judicial review of the decision of the Ontario Labour Relations Board (OLRB), dated February 20, 2004 and reported [2004] OLRB Rep. January/February. On October 21, 2004, the Applicant, Michael Leahey, brought a similar application.

[2] On June 10, 2005, one week prior to the scheduled hearing of the applications for judicial review and only days after receiving the factum of Local 879, the Applicants, Autoland and M. Leahey, filed Notices of Abandonment under rule 38.08(3) of the Ontario Rules of Civil Procedure. Counsel agreed that brief written submissions would be made as to costs which were to be fixed.

[3] Counsel for Local 879 has filed a draft bill of costs seeking fees of $13,553.50 plus disbursements of $695.18 plus G.S.T. for a total of $15,246.09. All parties have filed written submissions as to the quantum of costs.

[4] Counsel for M. Leahey submits that costs in the amount of $1,500.00 would be appropriate.

[5] Counsel for Autoland submits that his client should not be obliged to pay more than $3,000.00, all inclusive.

[6] It may be that there was some “brinkmanship” being practiced in this case while each side waited to see who was going to blink first. There is no doubt that counsel for Local 879 had to prepare and produce a factum. However, it must be remembered that there was no hearing.

[7] Considering the draft bill of costs and all the written submissions filed, one set of fixed costs, in the amount of $6,500.00 fees, plus disbursements of $695.18 plus G.S.T. shall be paid within thirty (30) days of the release of this endorsement by Autoland and M. Leahey to Local 879.

O’Driscoll J.

Released: