CITATION: Hamilton Street Railway Company v. The Amalgamated Transit union, Local 107, et al., 2010 ONSC 315
COURT FILE NO.: 07-426-JR
DATE: 201001 20
ONTARIO
SUPERIOR COURT OF JUSTICE
(DIVISIONAL COURT)
CUNNINGHAM A.C.J.S.C., HACKLAND R.S.J., THOMSON J.
B E T W E E N:
THE HAMILTON STREET RAILWAY COMPANY
Stephen McArthur & Janet Calfass, for the Applicant
Applicant
- and -
THE AMALGAMATED TRANSIT UNION, LOCAL 107 and SPRINGATE
J. Ivan Marini, for the Respondents
Respondents
HEARD: By Written Submissions
COSTS ENDORSEMENT
BY THE COURT
[1] The applicant employer successfully sought judicial review of an arbitrator’s decision. This Court set aside the arbitrator’s decision and reinstated the termination of the grievor’s employment.
[2] The parties are agreed that the applicant is entitled to its costs of this judicial review application on a partial indemnity scale. The only issue is the quantum of the claimed costs, and disbursements.
[3] The respondent states in its costs submission that it accepts the appellant’s argument that this application involved “an important aspect of statutory interpretation and arbitral jurisprudence that has a direct impact on an employer’s exercise of discretion in managing its operation...” We agree with this characterization of the issues but observe that these issues were of average complexity.
[4] Nearly all the preparation and counsel work for the application was done by Stephen McArthur (1987 call), at a claimed partial indemnity rate of $300 per hour (for 30 hours) and by Denise Maraj (2007 call), at a partial indemnity rate of $100 per hour (for 19.5 hours). In addition Leslie Brown (1997 call), claims 11 hours at $225 per hour. The respondents do not contest these hourly rates and we agree they are reasonable. However, it is submitted by the respondent that the number of hours is excessive.
[5] The applicant’s costs outline claims fees of $12,062 plus an estimated counsel fee for the hearing of $1,200, and disbursements in the amount of $6,284.28. The respondents’ position is that these hours are excessive in view of the Rule 57.01 (1) (0.b) consideration of “costs that an unsuccessful party could reasonably expect to pay” and “the complexity of the proceeding”, criteria found in Rule 57.01 (1) (c). We agree and would allow fees in the total sum of $10,000.
[6] One of the disbursements claimed by the applicant is $2,767 for “external research costs”. We agree with the respondent’s position that these should be considered as part of the fees claimed in the application and are subsumed in the total fees allowed, as noted above. We would also adjust the photocopying expense claimed from $2,982 to $2,000. The total disbursements to be allowed are therefore $2,535.
[7] In summary, we are of the view that the appropriate partial indemnity costs to be allowed the successful applicant in this application is $10,000 fees plus G.S.T. of $500 and disbursements in the sum of $2,535. These amounts will be paid by the respondent to the applicant within 30 days of the release of this endorsement.
Cunningham A.C.J.S.C.
Hackland R.S.J.
Thomson J.
Released: January 20, 2010
CITATION: Hamilton Street Railway Company v. The Amalgamated Transit union, Local 107, et al., 2010 ONSC 315
COURT FILE NO.: 07-426-JR
DATE: 20100120
B E T W E E N:
THE HAMILTON STREET RAILWAY COMPANY
Applicant
- and -
THE AMALGAMATED TRANSIT UNION, LOCAL 107 and SPRINGATE
Respondents
COSTS ENDORSEMENT
CUNNINGHAM A.C.J.S.C.,
HACKLAND R.S.J.,
THOMSON J.
RELEASED: January 20, 2010