Roni Excavating Limited v. International Union of Operating Engineers, Local 793, 2011 ONSC 6232

Citation: Roni Excavating Limited v. International Union of Operating Engineers, Local 793, 2011 ONSC 6232

Divisional Court File No.: 580/10

Date: 20111031

Superior Court of Justice – Ontario

Divisional Court

Re: Roni Excavating Limited and/or 865217 Ontario Inc. o/a Iron Excavationg and Grading and/or Niro Bros. Excavating & Grading Inc. and/or Iron Trio Inc. and/or Orin Landscaping Inc., Applicant

And: International Union of Operating Engineers, Local 793, Respondent

And: Ontario Labour Relations Board, Respondent

Before: Jennings, Swinton and Durno JJ.

Counsel: Jonathan Cocker, for the Applicant Melissa Atkins-Mahaney, for the Respondent Union Voy Stelmaszynski, for the Ontario Labour Relations Board

Heard: October 19, 2011

1We released our reasons for dismissing this application on July 12, 2011.

2We have now had the opportunity to consider the costs submissions made on behalf of the applicant and the respondent union.

3We fix costs payable by the applicant to the respondent forthwith at $6 000.

JENNINGS J.

DURNO J.

SWINTON J.

Date: October 31, 2011