Sean McGee

The plaintiff sought leave to make further submissions on whether he was required to pay the standard 13% HST on a costs award or only the net HST the defendant would pay after receiving credits under the Excise Tax Act.

The court held that it was functus officio, as the original costs decision was final and the issue of HST credits was a new issue, not a clerical error or accidental omission.

The fact that the order had not yet been entered did not permit the court to vary its decision.

Following the dismissal of the plaintiff's $1.8 million claim regarding pension benefits, the successful defendant sought costs of over $900,000.

The plaintiff argued the costs were excessive and that the defendant's joint offer to settle did not trigger substantial indemnity costs because the co-defendant had settled via a Pierringer Agreement.

The court agreed that substantial indemnity costs were not warranted but awarded partial indemnity costs of $425,000 plus HST and disbursements, finding the time spent reasonable given the complexity and the plaintiff's evasive conduct during discoveries.

The plaintiff, a former Vice President of Human Resources, sued his former employer for breach of a verbal contract and negligent misrepresentation regarding his pension benefits.

He alleged the employer's former president verbally agreed to pay all costs to transfer his previous pensionable service to the employer's Supplementary Pension Plan, or alternatively, to set up a fund to cover the difference.

He also claimed he relied on an erroneous pension estimate provided by a subordinate when deciding to retire.

The Superior Court of Justice dismissed the action, finding the plaintiff failed to prove the alleged verbal agreement and that it was unreasonable for him, given his expertise and knowledge of the pension plan's restrictions, to rely on the subordinate's inaccurate estimate.

The plaintiffs (taxicab drivers and their union) sought an interlocutory injunction against Uber drivers to enforce a City by-law, which was denied.

This endorsement addresses the costs of that unsuccessful injunction motion.

The court awarded partial indemnity costs of $60,000 plus HST and disbursements to the successful Uber drivers, payable forthwith, considering the complexity and importance of the matter, the intense work required to respond to an injunction, and the applicants' sophistication.

Licensed taxicab drivers and their union brought a motion for an interlocutory injunction to restrain Uber drivers from operating in Ottawa, alleging breaches of the City's taxi by-law and various economic torts.

The court found that while one taxicab driver had standing as a ratepayer and there was a serious issue to be tried, the plaintiffs failed to establish irreparable harm, as their alleged economic losses could be quantified in monetary terms.

Furthermore, the balance of convenience did not favour an injunction, given the plaintiffs' delay, their private financial interest, and the City's pending policy review of ridesharing services.

The motion for an injunction was dismissed.

Following a motion in a labour dispute concerning airport picketing activity, the court addressed the issue of costs.

The moving parties sought relief relating to noise-making during picketing or relocation of picketers closer to airport entrances, but the motion was largely unsuccessful.

Although the court vacated certain trespass notices and relocated the picketers to a more visible area, it found that the plaintiff achieved the more favourable result and incurred significant costs responding to the motion.

The court was particularly critical of false statements made in an affidavit by one of the moving parties, which required cross-examination and additional evidence to refute.

Costs were awarded to the plaintiff on a partial indemnity basis.

The respondent union sought judicial review of a labour arbitration award that partially upheld the dismissal of a tenured university professor.

On an interim motion, the university asked the court to exclude an affidavit from counsel who had attended the arbitration hearing, arguing the material was inadmissible on judicial review.

Applying the principles from Keeprite and subsequent authority, the court held that affidavit evidence may be admitted in rare circumstances to demonstrate a complete absence of evidence on an essential point or a breach of natural justice.

Given the absence of a formal record of the arbitration proceedings and concerns regarding reliance on a disputed report, the court found the case fell within the exceptional category.

The affidavit evidence was permitted to be considered by the Divisional Court on the judicial review.

Union members subject to an injunction restricting protest activity at an international airport brought a motion to clarify or vary the existing order.

The dispute concerned whether drumming and other loud noise-making during picketing violated the injunction and whether trespass notices issued to certain union members were valid.

The court found the noise created a nuisance interfering with airport operations and safety obligations, particularly the ability to communicate during emergencies.

The injunction was varied to relocate picketers to a designated grassy area near the parkade and to prohibit the use of drums, improvised percussive devices, or amplification devices on airport premises.

Trespass notices issued to several individuals were ordered withdrawn.