Non-parties to an arbitration agreement were not bound by the agreement, but instead were bound by the Arbitration Act, 1991 S.O. 1991, c.17

18. May 2021 0
Administrative law – Decisions reviewed – Arbitration Board – Judicial review – Jurisdiction – Appeals – Standard of review – Reasonableness – Arbitration and award – Right to award costs Bergmanis v. Diamond, [2021] O.J. No. 1585, 2021 ONSC 2375, Ontario Superior Court of Justice, March 26, 2021, W.S. Chalmers J. Pursuant to a Personal ...

Appeal from costs orders following dismissal of discipline proceedings

17. April 2018 0
Administrative law – Decisions reviewed – Law Societies – Jurisdiction – Right to award costs – Judicial review – Appeals – Barristers and solicitors – Professional misconduct O’Toole v. Law Society of New Brunswick, [2017] N.B.J. No. 342, 2017 NBCA 56, New Brunswick Court of Appeal, February 15, 2018, J.E. Drapeau C.J.N.B., M.E.L. Larlee, B.V. ...

BC Farm Industry Review Board decision to approve the removal of 88 animals and requiring petitioners to pay for reasonable care costs of the seized animals is upheld by BCSC

22. November 2017 0
A decision of the B.C. Farm Industry Review Board approving the removal of 88 animals and requiring the petitioners to pay for the reasonable care costs of the seized animals was upheld. Administrative law – Decisions reviewed – Farm Industry Review Board – Right to award costs – Animals – Prevention of cruelty – Seizure ...

The Supreme Court of Canada held that the Canadian Human Rights Tribunal does not have the power to award legal costs as part of a compensation order

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Gender – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation – Administrative tribunals – Costs – Right to award costs Canada (Canadian Human Rights Commission) v. Canada (Attorney General), [2011] S.C.J. No. ...

A taxi operator appealed the decision of the Saskatchewan Human Rights Tribunal which had found that he had discriminated against a disabled man by refusing to provide taxi service to him. The court dismissed the appeal, finding that the Tribunal had jurisdiction to hear and determine the complaint, and award costs against the Appellant. The court also rejected the Appellant’s allegation of bias on the part of the Tribunal member.

24. February 2009 0
Administrative law – Human rights complaints – Discrimination – Disability – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction – Right to award costs – Judicial review – Bias – Test – Compliance with legislation – Standard of review – Correctness Sahota v. Scott, [2008] S.J. No. 836, Saskatchewan Court of Queen’s Bench, ...

The Court upheld the decision of an Arbitrator to make a success-based costs award in the face of a provision in the arbitration agreement that provided for the costs of the arbitration to be borne equally by the parties

26. June 2007 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Arbitrators – Right to award costs – Judicial review – Jurisdiction – Standard of review – Patent unreasonableness Metro Canada Logistics Inc. v. UWG Inc., [2007] O.J. No. 1501, Ontario Superior Court of Justice, April 23, 2007, H.T. Spiegel J. The parties had entered into a ...

The Court dismissed a teacher’s application for judicial review of a decision by the College of Teachers awarding costs against the teacher for a disciplinary hearing. The Court held that the decision to award costs against the teacher may have marked a change in the College’s attitude concerning costs, but that the College was entitled to modify its position concerning collection of costs.

22. May 2007 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Regulatory powers of tribunals – Costs – Right to award costs – Hearings – Conduct of hearings – Judicial review – Procedural requirements and fairness – Natural justice – Failure to provide reasons – Standard of review – Reasonableness simpliciter Adolphe v. British Columbia College of ...

The Court of Appeal held that a board of inquiry appointed under the Human Rights Act, R.S.N.S. 1989, c. 214 (the “Act”) was not entitled to make an award of legal costs as part of its compensation award

28. June 2005 0
Administrative law – Human rights complaints – Discrimination – Costs – Decisions of administrative tribunals – Human Rights Tribunal – Right to award costs – Judicial review – Jurisdiction of tribunal – Standard of review – Correctness Halifax (Regional Municipality) v. Nova Scotia (Human Rights Commission), [2005] N.S.J. No. 156, Nova Scotia Court of Appeal, April 22, 2005, ...

The decision of an arbitrator appointed under the British Columbia Strata Property Act with respect to issues of liability was not clearly wrong and therefore the Applicant’s petition under the Judicial Review Procedure Act was dismissed. With respect to the arbitrator’s award of costs, the court held that the only costs the arbitrator was entitled to award were for party-and-party costs or special costs pursuant to the British Columbia Rules of Court. The arbitrator therefore erred in basing the award on the actual costs incurred. In addition, the arbitrator was not entitled to award costs in relation to the court applications made subsequent to the commencement of the arbitration and he also erred in law in awarding costs to the strata corporation based on the strata council bylaws. The court set aside the arbitrator’s award of costs and held that they should be assessed on a party-and-party basis.

26. October 2004 0
Administrative law – Judicial review – Decisions reviewed – Arbitration and award – Arbitrators – Right to award costs – Standard of review – Reasonableness simpliciter Blackmore v. Strata Plan VR-274, [2004] B.C.J. No. 1719, British Columbia Supreme Court, August 20, 2004, Goepel J. An arbitrator appointed under the British Columbia Strata Property Act, S.B.C. 1998, c. ...