Court of Appeal for Ontario

CITATION: Donovan v. Waterloo (Police Services Board), 2022 ONCA 261

DATE: 20220329

DOCKET: C69467

BEFORE: Strathy C.J.O., Roberts and Sossin JJ.A.

BETWEEN

Kelly Lynn Donovan

Plaintiff/Responding Party (Appellant)

and

Waterloo Regional Police Services Board and Bryan Larkin

Defendants/Moving Parties (Respondents)

COUNSEL:

Kelly Lynn Donovan, acting in person

Donald B. Jarvis and Clifton Yiu, for the respondents

HEARD: February 14, 2022 by video conference

On appeal from the order of Justice Thomas A. Bielby of the Superior Court of Justice, dated April 19, 2021, with reasons reported at 2021 ONSC 2885, and from the costs order, dated May 28, 2021.

COSTS ENDORSEMENT

[1] In our view, the success on this appeal was mixed. Although the appeal was dismissed, the motion judge’s order dismissing the action is stayed pending the outcome of any proceedings undertaken by the appellant pursuant to the collective agreement and before the HRTO. It is only at that point that this court will determine whether it should exercise any residual discretion it may have to grant relief that is not available under the statutory labour arbitration or HRTO regime.

[2] As a result, the fairest order in these circumstances is that there be no costs of this appeal. Order to go accordingly.

“G.R. Strathy C.J.O.”

“L.B. Roberts J.A.”

“L. Sossin J.A.”