CITATION: Canadian Union of Public Employees Local 1999 v. Lakeridge Health Corporation, 2012 ONSC 5970
DIVISIONAL COURT FILE NO.: 513/10
DATE: 20121022
SUPERIOR COURT OF JUSTICE - ONTARIO
(DIVISIONAL COURT)
RE: Canadian UNion of public employees, local 1999 v. lakeridge health corporation
BEFORE: Justices Swinton, Hennessy and Harvison Young
COUNSEL: Mary Cornish and Janet Borowy, for the Applicant
Michael Hines, for the Respondent
HEARD AT TORONTO: by written submissions
COSTS ENDORSEMENT
[1] The respondent, Lakeridge Health Corporation, seeks costs of this application for judicial review in the amount of $47,506.45 on a partial indemnity basis. The applicant Union argues that the appropriate amount for this two day matter should be $10,000, given the expectations among those in the labour relations community that costs would usually be around $5,000 for a one day judicial review application.
[2] This was an important case involving the interpretation of the Pay Equity Act and the applicability of the Human Rights Code in pay equity hearings. Therefore, it is reasonable for the respondent to seek a higher amount than the amount usually awarded or agreed upon.
[3] However, the amount sought by the respondent is outside the range of what the applicant would reasonably expect to pay for a hearing like this. Therefore, costs to the respondent are awarded in the amount of $20,000 inclusive of HST and disbursements, payable by the applicant.
Swinton J.
Hennessy J.
Harvison Young J.
Released: October 22, 2012