United Brotherhood of Carpenters and Joiners of America, Local 1985 et al. v. Labour Relations Board (Sask.) et al.,

• Jurisdiction: Saskatchewan
• Judge: Popescul
• Neutral Citation: 2013 SKQB 209
• Subject Matter: ADMINISTRATIVE LAW,LABOUR LAW,PRACTICE
• Citation: 2013 SKQB 209,(2013), 422 Sask.R. 12 (QB),422 SaskR 12,(2013), 422 SaskR 12 (QB),422 Sask.R. 12
• Date: 31 May 2013
• Court: Court of Queen's Bench of Saskatchewan (Canada)

CJA v. LRB (2013), 422 Sask.R. 12 (QB)

MLB headnote and full text

Temp. Cite: [2013] Sask.R. TBEd. JN.043

Saskatchewan Regional Council of Carpenters, Drywall, Millwrights and Allied Workers (The United Brotherhood of Carpenters and Joiners of America, Local 1985 and United Brotherhood of Carpenters and Joiners of America, Millwrights Union, Local 1021) and International Brotherhood of Electrical Workers, Local 529 (applicants) v. Saskatchewan Labour Relations Board (respondent) and Construction Workers Union, Local 151, Tercon Industrial Works Ltd., Westwood Electric Ltd., Canonbie Contracting Limited, Willbros Construction Services (Canada) L.P. and Pyramid Corporation (respondents) and Local 01 Saskatchewan of the International Union of Bricklayers & Allied Craftworkers (Local 01) and the International Union of Bricklayers & Allied Craftworkers (BAC), Saskatchewan Provincial Building Trades Council, Saskatchewan Joint Board, Retail, Wholesale and Department Store Union, Saskatchewan Government and General Employees' Union, and Canadian Union of Public Employees, Local 1975 (respondents)

Saskatchewan Provincial Building Trades Council, Saskatchewan Joint Board, Retail, Wholesale and Department Store Union, and Saskatchewan Government and General Employees' Union (applicants) v. Saskatchewan Labour Relations Board (respondent) and Construction Workers Union, Local 151, Tercon Industrial Works Ltd., Westwood Electric Ltd., Canonbie Contracting Limited, Willbros Construction Services (Canada) L.P., and Pyramid Corporation (respondents) and Saskatchewan Regional Council of Carpenters, Drywall, Millwrights and Allied Workers (The United Brotherhood of Carpenters and Joiners of America, Local 1985 and United Brotherhood of Carpenters and Joiners of America, Millwrights Union, Local 1021), Local 01 Saskatchewan of the International Union of Bricklayers & Allied Craftworkers (Local 01) and the International Union of Bricklayers & Allied Craftworkers (BAC), and Canadian Union of Public Employees, Local 1975 (respondents)

Local 01 Saskatchewan of the International Union of Bricklayers & Allied Craftworkers (Local 01) and the International Union of Bricklayers & Allied Craftworkers (BAC) (applicants) v. Saskatchewan Labour Relations Board (respondent) and Construction Workers Union, Local 151, Tercon Industrial Works Ltd., Westwood Electric Ltd., Canonbie Contracting Limited, Willbros Construction Services (Canada) L.P. and Pyramid Corporation (respondents) and Saskatchewan Regional Council of Carpenters, Drywall, Millwrights and Allied Workers (The United Brotherhood of Carpenters and Joiners of America, Local 1985 and United Brotherhood of Carpenters and Joiners of America, Millwrights Union, Local 1021) and International Brotherhood of Electrical Workers, Local 529, Saskatchewan Provincial Building Trades Council, Saskatchewan Joint Board, Retail, Wholesale and Department Store Union, Saskatchewan Government and General Employees' Union, and Canadian Union of Public Employees, Local 1975 (respondents)

(2011 Q.B.G. No. 472; 2013 SKQB 209)

Indexed As: United Brotherhood of Carpenters and Joiners of America, Local 1985 et al. v. Labour Relations Board (Sask.) et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Popescul, C.J.Q.B.

May 31, 2013.

Summary:

The applicant Unions applied to the Saskatchewan Labour Relations Board (SLRB) to have the Construction Workers Union, Local 151 (CLAC) declared a "company dominated union" (CDO), and thus ineligible to be certified. Two of the respondent employers applied for particulars. SLRB's Executive Officer ordered the Unions to provide particulars. A panel of the SLRB confirmed that decision (the first decision). CLAC and the respondent employers applied to have the CDO applications summarily dismissed. A panel of the SLRB summarily dismissed the CDO applications (the second decision). The Unions applied for judicial review of both decisions.

The Saskatchewan Court of Queen's Bench, in a decision reported at (2011), 378 Sask.R. 82, dismissed the judicial review applications and granted leave to the parties to address the issue of costs. The respondents argued that increased costs were warranted.

The Saskatchewan Court of Queen's Bench awarded a lump sum in lieu of taxed costs.

Administrative Law - Topic 3349

Judicial review - Practice - Costs - [See first Labour Law - Topic 836 ].

Labour Law - Topic 836

Labour relations boards and judicial review - Procedure - Costs - Six unions applied to overturn two decisions of the Saskatchewan Labour Relations Board - The Saskatchewan Court of Queen's Bench dismissed the judicial review applications and addressed the issue of costs - The court underscored four important considerations - "Firstly, the court has wide discretionary powers ..., subject to the proviso that such discretion be exercised judiciously. ... Secondly, the general rules and considerations set forth in Rule 545 of The Queen's Bench Rules provide useful guidance as to how the discretion should be exercised. Thirdly, the costs of a proceeding will normally follow the event. See Rule 552(1). Fourthly, the purpose of awarding costs includes: the traditional objective of partially indemnifying the successful party; the efficient and orderly administration of justice; to encourage settlements, to defer frivolous actions and defences; to discourage unnecessary steps in litigation; and to sanction unreasonable or vexatious behaviour." - See paragraphs 7 to 11.

Labour Law - Topic 836

Labour relations boards and judicial review - Procedure - Costs - Six unions applied to overturn two decisions of the Saskatchewan Labour Relations Board (SLRB) - The judicial review applications were dismissed - The parties addressed the issue of costs - The Saskatchewan Court of Queen's Bench rejected the submission that the case fell within the "public interest litigation" exception such that it would be inappropriate to award costs to the successful litigant - "This was an application that primarily concerned whether the SLRB acted improperly when it summarily dismissed the Applicant Unions' 'company dominated organization' allegations which were brought in the context of CLAC's [Construction Workers Union, Local 151] certification applications. ... The criteria for finding that this is a public interest litigation has not been met." - See paragraph 19.

Labour Law - Topic 836

Labour relations boards and judicial review - Procedure - Costs - The respondents were successful in this lengthy, "very complex" judicial review application brought by two Union groups - The application involved two decisions of the Saskatchewan Labour Relations Board - The current tariff of costs would fix the costs at around $1,000 - The Saskatchewan Court of Queen's Bench awarded $3,000 (inclusive of disbursements) for each respondent or group of respondents represented by each respondent lawyer group - "The current tariff of costs is seriously out of date and is in dire need of revision. The payment of costs in and around the $1,000 mark (plus disbursements) does not adequately reflect the policy considerations underlying the awarding of costs. ... [I]t is appropriate to award a lump sum in lieu of taxed costs to take into account such things as the complexity, uniqueness, circumstances, time required of counsel, the volume of documentary evidence and the result obtained." - See paragraph 23.

Practice - Topic 6931

Costs - General principles - Discretion of court - [See first Labour Law - Topic 836 ].

Practice - Topic 7029.5

Costs - Party and party costs - Entitlement to party and party costs - Successful party - Exceptions - Public interest or test case - [See second Labour Law - Topic 836 ].

Practice - Topic 7117

Costs - Party and party costs - Special orders - Lump sum in lieu of taxed costs - [See third Labour Law - Topic 836 ].

Practice - Topic 7641

Costs - The tariffs, schedules etc. - General - [See third Labour Law - Topic 836 ].

Cases Noticed:

Benson v. Benson (1994), 120 Sask.R. 17; 68 W.A.C. 17; 3 R.F.L.(4th) 291 (C.A.), refd to. [para. 8].

British Columbia (Minister of Forests) v. Okanagan Indian Band et al., [2003] 3 S.C.R. 371; 313 N.R. 84; 189 B.C.A.C. 161; 309 W.A.C. 161; 2003 SCC 71, refd to. [para. 11].

Miller v. Boxall et al. (2007), 291 Sask.R. 113; 2007 SKQB 9, refd to. [para. 19].

Stromberg v. Law Society of Saskatchewan et al., [1996] 10 W.W.R. 737; 149 Sask.R. 226 (Q.B.), refd to. [para. 23].

Statutes Noticed:

Queen's Bench Rules (Sask.) - see Rules of Court (Sask.), Queen's Bench Rules.

Rules of Court (Sask.), Queen's Bench Rules, rule 545 [para. 9].

Counsel:

Drew S. Plaxton and Andrew S. Buchanan, for Saskatchewan Regional Council of Carpenters, Drywall, Millwrights and Allied Workers (The United Brotherhood of Carpenters and Joiners of America, Local 1985, and United Brotherhood of Carpenters and Joiners of America, Millwrights Union, Local 1021), International Brotherhood of Electrical Workers, Local 529; and Local 01 Saskatchewan of the International Union of Bricklayers & Allied Craftworkers (Local 01) and The International Union of Bricklayers & Allied Craftworkers (BAC);

Larry W. Kowalchuk and Juliana K.J. Saxberg, for Saskatchewan Provincial Building Trades Council, Saskatchewan Joint Board, Retail, Wholesale and Department Store Union, and Saskatchewan Government and General Employees' Union;

No one appearing for the Saskatchewan Labour Relations Board;

Richard F. Steele and David A. de Groot, for Construction Workers Union, Local 151;

Lawrence F. Seiferling, Q.C., and Angela D. Giroux, for Tercon Industrial Works Ltd. and Westwood Electric Ltd.;

Thomas W.R. Ross, for Canonbie Contracting Limited and Willbros Construction Services (Canada) L.P.;

Joseph H. Hunder and Cristina Wendel, for Pyramid Corporation;

No one appearing for Canadian Union of Public Employees, Local 1975.

This costs matter, addressed by way of written submissions, was heard by Popescul, C.J.Q.B., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment, dated May 31, 2013.