Court File No.: 79/09

Released: 20090914

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

Re: Dr. Peter A. Khaiter, Applicant

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Ontario Labour Relations Board and Kelly Waddingham, OLRB Vice-Chair, and York University Faculty Association, and York University, Respondents

Before: Swinton, Low and Karakatsanis JJ.

Counsel: Dr. Peter A. Khaiter, in person Voy T. Stelmaszynski, for the Ontario Labour Relations Board James K. McDonald, for York University Faculty Association Frank Cesario, for York University

Heard at Toronto: in writing

COSTS ENDORSEMENT

[1] The applicant submits that there should be no costs of the application and motion. In our view, costs should follow the event. There is no novel issue and no issue of public interest raised, and the respondents were successful.

[2] York University Faculty Association (“YUFA”) seeks costs on a substantial indemnity basis. We see no basis for costs on that scale.

[3] In our view, an amount that is fair and reasonable for the application and motion is $1,500.00 to York University and $3,500.00 to YUFA payable by the applicant. The Ontario Labour Relations Board does not seek costs and none are awarded to it.

Swinton J.

Low J.

Karakatsanis J.

Released: September , 2009