Released: 20090914
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Re: Dr. Peter A. Khaiter, Applicant
- and -
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
1The 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.
2York University Faculty Association (“YUFA”) seeks costs on a substantial indemnity basis. We see no basis for costs on that scale.
3In 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