CITATION: Canadian Union of Postal Workers v. Canada Post Corporation, 2012 ONSC 5566
DIVISIONAL COURT FILE NO.: 11-DC-1720
DATE: 2012/10/19
SUPERIOR COURT OF JUSTICE - ONTARIO
(DIVISIONAL COURT)
RE: Canadian Union of Postal Workers v. Canada Post Corporation
BEFORE: Pierce R.S.J., Swinton and Tucker JJ.
COUNSEL: David Migicovsky for the Applicant Hugh McPhail for the Respondent
HEARD at Ottawa: by written submissions
ENDORSEMENT
[1] The respondent Corporation is entitled to costs, but the amount sought far exceeds the amount normally awarded in applications for judicial review of labour arbitration awards. The Union is correct that the quantum is usually in the range of $5,000.00. While the issue was important to the parties, the complexity of the case does not warrant a higher amount. Nor should the Union be required to pay more because the Corporation chose to use counsel from outside the province.
[2] Accordingly, the Corporation is awarded costs of $5,000.00 inclusive of HST and disbursements.
Pierce R.S.J.
Swinton J.
Tucker J.
Released: October 19, 2012