Chelsea Giffen sought judicial review of a decision dismissing her unjust dismissal complaint against TM Mobile Inc. under the Canada Labour Code.
Key Issues and Decision:
The court had discretion over the costs, aiming to partially compensate the successful party and sanction unreasonable litigation conduct.
Giffen’s application for judicial review was dismissed, leading to a costs debate.
TM Mobile Inc. sought $14,000 in costs, while Giffen proposed $3,500.
The court considered the work involved in the case, the outcome of the proceedings, and the conduct of the parties.
Court’s Analysis:
The court found no merit in TM Mobile's claim that the case required unusually high work due to Giffen’s actions.
Despite TM Mobile's success in the main case, the court noted that Giffen’s arguments, though unsuccessful, were not frivolous.
The court acknowledged the need to balance compensating the successful party and not discouraging legitimate access to justice.
Outcome:
Costs were awarded to TM Mobile on a lump sum basis of $6,500, inclusive of taxes and interest, considering the arguments made, the complexity of the litigation, and the need to avoid discouraging individuals from pursuing their rights under the law.
