R. Graham Williamson

Following an application for judicial review, the respondent unions sought costs.

The applicant opposed the costs request, citing serious financial hardship.

The Divisional Court held that costs should follow the event, noting that the unions were required to participate fully due to the applicant's allegations of misconduct.

The court awarded costs of $3,500 to the Teamsters and $5,000 to UA Local 787.

The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing his complaint that his union breached its duty of fair representation under s. 74 of the Labour Relations Act, 1995.

The union had withdrawn his grievance from arbitration due to his antagonistic and uncooperative conduct.

The Divisional Court dismissed the application, finding the Board's decision was entirely reasonable and that there was no denial of procedural fairness.