William A. Brunton

The respondent was successful in defeating the appellant's motion for leave to appeal an interlocutory order dismissing a stay motion.

The respondent sought costs of $8,026.68 for the motion and additional costs for the appeal that was commenced as of right before the appellant realized leave was required.

The court noted the underlying action was a Rule 76 claim for $22,000 in unpaid rent, making the costs claimed disproportionate.

The court awarded partial indemnity costs, fixing the costs of the motion at $3,700 and the costs of the abandoned appeal at $1,800.

The applicants, employees of Northland Glass and Metal Limited, applied to terminate the bargaining rights of the respondent union.

The union argued that the application was instigated by the employer because the lead applicant had asked the employer for the name of a lawyer to assist with the decertification.

The Board found that this single inquiry, standing alone, was insufficient to indicate management influence, especially since the employees had previously considered decertification.

The Board concluded the statement of desire was voluntary and directed a representation vote.

One Board member dissented, finding the employer involvement sufficient to dismiss the application.