Thomson

The applicant employer successfully sought judicial review of an arbitrator's decision, resulting in the reinstatement of the grievor's employment termination.

The parties agreed the applicant was entitled to partial indemnity costs, leaving only the quantum to be determined.

The court assessed the claimed fees and disbursements, reducing the fees to $10,000 and disbursements to $2,535, noting the complexity of the proceeding and the reasonable expectations of the unsuccessful party under Rule 57.01(1).

The applicant employer sought judicial review of a labour arbitrator's decision to reinstate a bus driver who was terminated after a rear-end collision.

The arbitrator found the driver was careless but held the collective agreement required 'flagrant' carelessness to justify automatic dismissal.

The Divisional Court held the arbitrator's interpretation was unreasonable and violated the clear wording of the collective agreement and s. 48(17) of the Labour Relations Act, 1995.

The arbitrator's decision was set aside and the termination was reinstated.

Following the dismissal of the appellant's appeal of a summary judgment order, the respondents sought costs of the appeal on a substantial indemnity basis.

The Divisional Court found no evidence of bad faith to justify substantial indemnity costs.

Taking into account the quantum of the claim, the costs previously awarded, and the factors set out in Rule 57.01(1) of the Rules of Civil Procedure, the court awarded partial indemnity costs of $5,000 to the respondent Gaydon and $3,500 to the respondent Burger King.

The appellants appealed an order vacating their construction lien and dismissing their action for failing to set the matter down for trial within the two-year limitation period under section 37(1) of the Construction Lien Act.

The appellants argued it was impossible to set the action down because the fundamental issue of whether the work was lienable was under reserve by the Divisional Court at the time the limitation period expired.

The Divisional Court dismissed the appeal, finding that there was no practical or legal impossibility preventing the appellants from complying with the strict statutory requirements.

The appellants appealed an order vacating their construction lien and dismissing their lien action for failing to set the action down for trial within the two-year statutory limitation period under the Construction Lien Act.

The appellants argued it was impossible to set the action down because the fundamental issue of whether the work was lienable was under reserve by the Divisional Court at the time the limitation period expired.

The Divisional Court dismissed the appeal, finding that there was no practical or legal impossibility preventing the appellants from complying with the strict statutory requirements to set the action down for trial.

The plaintiffs sought to certify a class action on behalf of indirect purchasers (homeowners and end users) alleging that the defendants engaged in a price-fixing conspiracy regarding iron oxide pigment used in construction materials.

The application judge certified the action.

The defendants appealed.

The Divisional Court allowed the appeal and set aside the certification order, finding that a class proceeding was not the preferable procedure.

The court held that the plaintiffs faced insurmountable problems of proof regarding whether the alleged overcharge was passed on to them through the chain of distribution, making the action unmanageable and inappropriate for aggregate damages assessment.