United Brotherhood of Carpenters and Joiners of America, Local 1325 v. J.V. Driver Installations Ltd. et al., (2005) 383 A.R. 200 (QB)

• Judge: Bielby, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: April 07, 2005
• Citations: (2005), 383 A.R. 200 (QB);2005 ABQB 310

UBCJA v. J.V. Driver Installations (2005), 383 A.R. 200 (QB)

MLB headnote and full text

Temp. Cite: [2005] A.R. TBEd. AP.162

In The Matter Of the Labour Relations Code, R.S.A. 2000, Chapter L-1

And In The Matter Of Decisions of the Labour Relations Board dated July 31, 2003 and April 16, 2004, both chaired by Deborah Howes, Vice-Chair

The United Brotherhood of Carpenters and Joiners of America, Local 1325 (applicant) v. J.V. Driver Installations Ltd. and Christian Labour Association of Canada (respondents) and Alberta Labour Relations Board (respondent) and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local Lodge No. 146 (respondent)

(0303 15637; 0403 09643; 2005 ABQB 310)

Indexed As: United Brotherhood of Carpenters and Joiners of America, Local 1325 v. J.V. Driver Installations Ltd. et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Bielby, J.

April 22, 2005.

Summary:

The Labour Relations Board (LRB) dismissed a union's application for certification as the bargaining agent for a group of employees of J.V. Driver Installations Ltd. because the application was made outside the "open period" under the existing collective agreement. In a second decision, the LRB refused to reopen the hearing into the first matter to receive new evidence which the union wished to tender. The union applied for judicial review of the LRB's decisions.

The Alberta Court of Queen's Bench, in a decision reported at 378 A.R. 1, dismissed the application. The court held that the LRB made a patently unreasonable decision when it determined that the certification application failed because it was made outside of the "open period". However, no relief ensued because the certification application was doomed for other reasons. Costs were awarded to the successful respondents. The intervenors, Pyramid Corp. and Westbrook Electrical Services Ltd., applied for costs.

The Alberta Court of Queen's Bench ordered that the union pay the intervenors' taxable costs and disbursements set on the same column as that upon which the respondents' costs were awarded, with no multiplier.

Administrative Law - Topic 3349

Judicial review - General - Practice - Costs - [See Practice - Topic 7036 ].

Practice - Topic 7036

Costs - Party and party costs - Entitlement to party and party costs - Intervenant - The Labour Relations Board (LRB) dismissed a union's application for certification as the bargaining agent for a group of employees of J.V. Driver Installations Ltd. - The union applied for judicial review - The application was dismissed - Costs were awarded to the successful respondents - Two intervenors applied for costs - The intervenors argued that they were in the same situation as J.V. Driver Installations, which was why the LRB had invited them to intervene on the issue of the interpretation of a particular section of the Labour Relations Act - The Alberta Court of Queen's Bench ordered that the union pay the intervenors' taxable costs and disbursements set on the same column as that upon which the respondents' costs were awarded, with no multiplier - The intervenors participated as if they were parties and their participation should have been anticipated by the union when it brought its application.

Cases Noticed:

Stoney Tribal Council v. PanCanadian Petroleum Ltd. et al. (2000), 266 A.R. 374; 228 W.A.C. 374 (C.A.), refd to. [para. 1].

Ritter et al. v. Hoag et al., [2003] A.R. Uned. 286; 2003 ABQB 401, refd to. [para. 2].

Counsel:

Yvon Seveny, for the applicant, The United Brotherhood of Carpenters and Joiners of America, Local 1325;

Thomas W.R. Ross, for the respondent, J.V. Driver Installations Ltd.;

Daniel J. McDonald, Q.C., for the respondent, Christian Labour Association of Canada;

P. Daryl Wilson, Q.C., for the interveners, Pyramid Corporation and Westbrook Electrical Services Ltd.

This application was heard on April 7, 2005, before Bielby, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following reasons for judgment on April 22, 2005.