Coomunications, Energy and Paperworks Union of Canada, Local 141 v. Bowater Mersey Paper Company Ltd.

Coomunications, Energy and Paperworks Union of Canada, Local 141 v. Bowater Mersey Paper Company Ltd.

Respondent entitled to costs following discontinuance but evidence supporting the respondent's claimed solicitor fees and disbursements was inadequate; Tariff C considerations apply to an application in chambers and, absent an objectively provable "amount involved", a lump sum award is appropriate. Applying the discretionary factors the court awards a lump sum of CAD 3,500 for costs payable by the applicant to the respondent forthwith, directs the applicant to pay CAD 750 for costs of the motion, and permits the respondent to provide particulars of disbursements for assessment; if particulars are not provided the claimed disbursements will not be allowed.

Citation
2011 NSSC 423
Parties
Applicant/union: Communications, Energy and Paperworkers Union of Canada, Local 141; Respondent/employer: Bowater Mersey Paper Company Ltd.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 November 2011
Procedural Posture
Injunction Application and Subsequent Costs Assessment Following Discontinuance; Labour Arbitration Context / Costs Motion/assessment After Discontinuance and Arbitration Decision
Outcome
Applicant ordered to pay respondent costs and motion costs in lump sums; respondent may provide particulars of disbursements for further assessment otherwise disbursements not awarded.
Legal Topics
Interim Injunctions, Costs Assessment, Tariff C Vs Tariff F, Undertaking as to Damages, Arbitration and Collective Agreement Interpretation
Source Language
English
Labour Law Civil Procedure Corporate Insolvency/ccaa Interim Injunctions Costs Assessment Tariff C Vs Tariff F Undertaking as to Damages Arbitration and Collective Agreement Interpretation

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Parties

Communications, Energy and Paperworkers Union of Canada, Local 141

Applicant/union

Bowater Mersey Paper Company Ltd.

Respondent/employer

Procedural Posture

Injunction Application and Subsequent Costs Assessment Following Discontinuance; Labour Arbitration Context / Costs Motion/assessment After Discontinuance and Arbitration Decision

Legal Issues

  1. 1 Whether respondent is entitled to costs after applicant discontinued injunction application
  2. 2 Which tariff (Tariff C or Tariff F) applies to costs assessment for an application in chambers
  3. 3 Whether an "amount involved" can be established for Tariff F calculation

Ratio Decidendi

Respondent entitled to costs following discontinuance but evidence supporting the respondent's claimed solicitor fees and disbursements was inadequate; Tariff C considerations apply to an application in chambers and, absent an objectively provable "amount involved", a lump sum award is appropriate. Applying the discretionary factors the court awards a lump sum of CAD 3,500 for costs payable by the applicant to the respondent forthwith, directs the applicant to pay CAD 750 for costs of the motion, and permits the respondent to provide particulars of disbursements for assessment; if particulars are not provided the claimed disbursements will not be allowed.

Court Disposition

Applicant ordered to pay respondent costs and motion costs in lump sums; respondent may provide particulars of disbursements for further assessment otherwise disbursements not awarded.

Orders

  • Applicant to pay respondent a lump sum of CAD 3,500 for costs payable forthwith.
  • Applicant to pay respondent CAD 750 for costs of this motion payable forthwith.