Federal Court Decisions

Date: 20110310

Docket: T-1168-09

Citation: 2011 FC 287

Ottawa , Ontario , March 10, 2011

PRESENT:  The Honourable Mr. Justice Barnes

 

 

BETWEEN:

	DONNA CASLER
		Applicant
	and
	CANADIAN NATIONAL RAILWAY
		Respondent

 

  SUPPLEMENTARY REASONS FOR JUDGMENT AND JUDGMENT

 

• [1] In my Reasons dated February 9, 2011, I reserved judgment with respect to the issue of costs.

 

• [2] The Respondent is seeing costs and under Column III in the amount of $6,405.43 and disbursements of a further $1,257.73.

 

• [3] The Respondent was successful and is entitled to a reasonable award of costs.I must also be mindful of the personal circumstances of the Applicant.She is disabled and has been without income for many years.Indeed this application arose out of the termination of her employment by the Respondent due to her inability to work.

 

• [4] The Respondent’s claim to costs is also on the high side for a relatively straight forward application and certainly the recovery of almost $1,000.00 in photocopying expenses is unwarranted.

 

• [5] I am satisfied in these circumstances that an award in favour of the Respondent in the amount of $1,000.00 inclusive of disbursements is justified.

 

JUDGMENT

THIS COURT’S JUDGMENT is that the Applicant shall pay to the Respondent the sum of $1,000.00 for costs and disbursements. 

 

 

 

“ R. L. Barnes ”

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

DOCKET:  T-1168-09

 

STYLE OF CAUSE:  CASLER v CANADIAN NATIONAL RAILWAY

 

 

 

PLACE OF HEARING:  Toronto , Ontario

 

DATE OF HEARING:  January 12, 2011

 

SUPPLEMENTARY REASONS

FOR JUDGMENT

AND JUDGMENT:  BARNES J.

 

DATED:  March 10, 2011

 

 

 

APPEARANCES:

 

Hugh Scher	FOR THE APPLICANT
Simon-Pierre Paquette	FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

 

Scher Law Professional Corporation Barrister and Solicitor Toronto , ON	FOR THE APPLICANT
Canadian National Railway Montreal , QC	FOR THE RESPONDENT