McKenney v. Ontario Labour Relations Board, 2012 ONSC 3012

CITATION: McKenney v. Ontario Labour Relations Board, 2012 ONSC 3012

DIVISIONAL COURT FILE NO.: 10-DV-1652

DATE: 2012/05/28

SUPERIOR COURT OF JUSTICE - ONTARIO

(DIVISIONAL COURT)

RE: john mckenney Applicant

• and -

ontario labour relations board, upper canada district school board, ontario secondary school teachers’ federation, ontario school teachers’ federation DISTRICT 26 Respondents

BEFORE: Justices Matlow, Hambly and Hennessy

COUNSEL: Claude-Alain Burdet, for the Applicant Voy Stelmaszynski, for the Respondent, Ontario Labour Relations Board Colin Youngman, for the Respondent, Upper Canada District School Board Heather Alden, for the Respondent, Ontario Secondary School Teachers’ Federation, No appearance for the Respondent, Ontario Secondary School Teachers’ Federation District 26

HEARD AT: Ottawa, February 3, 2012, Costs by written submissions

COSTS ENDORSEMENT

MATLOW J.:

1The applicant seeks costs, fixed on a partial indemnity basis at $28,837.09 or on a substantial indemnity basis at $36,680.42. Both amounts are inclusive of $1,028.92 for disbursements. The costs outline does not specify against which respondents the claim is made.

2The application was without merit and totally unsuccessful and we see no reason to depart from the usual rule that costs are in the event. This claim is, therefore, dismissed.

3The respondent, Ontario Secondary School Teachers’ Federation, seeks costs, fixed on an unspecified basis at $16,256.28, inclusive of $656.28 for costs. We appreciated the very helpful submissions made by Ms. Alden, counsel for this respondent and it is evident that she spent a significant amount of time in her preparation. However, it is our view that the amount of this claim is beyond the reasonable expectation of all of the parties. Accordingly, we award this respondent costs, fixed at $12,000.00, all-inclusive, payable by the applicant. We consider that that this amount is fair and reasonable in the circumstances.

4No other claim for costs is made and, accordingly, no other award is made.

5I sign this endorsement on behalf of the entire panel with the express authority of the other members.