S. Ursel

The successful applicant in a labour arbitration judicial review sought partial indemnity costs exceeding $30,000.

The Divisional Court found this amount excessive for a matter that was not overly complex.

The court fixed costs at $7,500, which it deemed to be within the accepted range for such proceedings.

The applicant union referred a construction industry grievance to the Board alleging the respondent employer improperly subcontracted concrete forming work.

The respondent and intervening unions requested a preliminary determination under section 150 of the Labour Relations Act as to whether the work fell within the industrial, commercial and institutional (ICI) sector.

The Board granted the request, finding it appropriate to determine the sector issue before hearing the merits of the grievance, given the potential illegality of the collective agreement if it purported to cover ICI work.