Ma v. Ontario Labour Relations Board, 2018 ONSC 6003

CITATION: Ma v. Ontario Labour Relations Board, 2018 ONSC 6003

DIVISIONAL COURT FILE NO.: 543/16

DATE: 20181011

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

MARROCCO A.C.J.S.C., CONWAY, and MYERS JJ.

BETWEEN:

YUCHAO MA

Applicant

– and –

ONTARIO LABOUR RELATIONS BOARD, - AND – UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, LOCAL 1998 (USW LOCAL 1998) – AND – GOVERNING COUNCIL OF THE UNIVERSITY OF TORONTO

Respondents

COUNSEL:

Roy Tofilovski, counsel for the Applicant

Shaheen Harani, counsel for the USW Local 1998

Frank Cesario, counsel for University of Toronto

Aaron Hart, counsel for Ontario Labour Relations Board

READ at Toronto: October 10, 2018

ENDORSEMENT

MYERS J.

[1] By reasons for judgment dated October 9, 2018, reported at 2018 ONSC 5959, the court dismissed this application. However, paragraph 34 of the reasons incorrectly referred to an agreement as to costs between Mr. Ma and the union. In fact, the union asked for no costs. The agreement as to costs was between Mr. Ma and his former employer University of Toronto. Under Rule 59.06(1) the court may correct an error in an order that arises from an accidental slip. As a result, paragraph 34 of the reasons for judgment is amended to read as follows:

[34] The union and the Board do not seek costs. Mr. Ma and the University agreed that costs fixed at $8,000 all-inclusive should be paid to the successful party. Therefore Mr. Ma is ordered to pay costs of $8,000 to the University.

F.L. Myers J.

I agree _______________________________

Marrocco A.C.J.S.C.

I agree _______________________________

Conway J.

Release Date: October 11, 2018

CITATION: Ma v. Ontario Labour Relations Board, 2018 ONSC 5959

DIVISIONAL COURT FILE NO.: 543/16

DATE: 20181011

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

MARROCCO A.C.J.S.C., CONWAY, and MYERS JJ.

BETWEEN:

YUCHAO MA

Applicant

– and –

ONTARIO LABOUR RELATIONS BOARD, - AND – UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, LOCAL 1998 (USW LOCAL 1998) – AND – GOVERNING COUNCIL OF THE UNIVERSITY OF TORONTO

Respondents

REASONS FOR JUDGMENT

Released: October 11, 2018