PRACTICE |
Costs |
Bank of Nova Scotia v. Fraser
A-440-00
2001 FCA 267, Sexton J.A.
14/9/01
5 pp.
Appeal from Trial Division order dismissing application for judicial review by Bank from adjudicator's decision allowing respondent's complaint of unjust dismissal against Bank--Adjudicator found Bank's conduct callous and cruel, dishonest; heavy-handed conduct towards respondent extending not only to pre-litigation matters but also throughout adjudication hearing, and awarded respondent costs on solicitor-client basis--Trial Division dismissed Bank's application concerning award of costs and awarded solicitor-client costs for that application--Bank appealing both awards of costs--Appeal dismissed with costs on solicitor-client basis--Adjudicator's ability to award solicitor-client costs not restricted to situations involving conduct during course of legal proceedings--Adjudicator justified in awarding solicitor-client costs in view of Bank's conduct in circumstances giving rise to cause of action and during adjudication hearing--Trial Judge said respondent should not have been put to expense of defending application--Court justified in looking at parties' conduct in first instance in awarding costs on judicial review or appeal--Where litigant's conduct has warranted solicitor-client costs at trial and litigant appeals that very order, only seems appropriate litigant bear full costs of losing appeal upon failure--No error in Trial Judge's decision on award of costs--Also, respondent should not have been put in position of defending present appeal, hence award of costs on solicitor-client basis herein.