ASTOLFI v ALBERTA LABOUR RELATIONS BOARD

The Applicant sought Judicial Review of a decision by the Alberta Labour Relations Board (the “ALRB Decision”). The ALRB Decision was the second appeal decision rendered by the Alberta Labour Relations Board regarding an Occupational Health and Safety Officer’s dismissal of a disciplinary action complaint by the Applicant. The Court dismissed the Application for Judicial Review.

One of the two Respondents, Stoney Creek Resorts Inc. (“Stoney Creek”), sought costs of the Judicial Review on an enhanced basis in the range of Column 3 to Column 5 of Schedule C. After review of the factors set out in Rule 10.33, Kubik J. found that the Judicial Review was a non-complex Action and that there was no delay from misconduct. Although the underlying matter had been before the Alberta Labour Relations Board numerous times previously, the Court noted an enhanced costs award was not appropriate in the absence of delay or misconduct.

Justice Kubik ordered costs payable to Stoney Creek, under Column 1 of Schedule C, plus disbursements incurred.