Barrette c. Rayonier AM Canada Industries Inc. et al

Case Context:

• Nathalie Barrette filed for judicial review against two decisions by the Ontario Human Rights Tribunal.
• The case involved alleged discrimination by her employer concerning a denied leave request and wage-related issues.
• The Tribunal initially rejected her claim, citing non-compliance with procedural directives, which led to a request for judicial review.

Key Legal Issues:

• Whether the Tribunal's errors warranted costs against it.
• The appropriateness of awarding full indemnity costs to the applicant.

Judgment Highlights:

• Errors by the Tribunal: The Tribunal's rejection of Barrette’s request was found procedurally flawed as it failed to consider her compliance with document directives.
• Costs Principles:
  • Costs against administrative tribunals are exceptional and granted only if the tribunal acted in bad faith or egregiously.
  • Tribunals are entitled to make errors without automatically incurring costs liabilities.
• Proportionality:
  • The applicant's original cost claim of $3,900 was reasonable. However, subsequent claims exceeding $10,000 were deemed disproportionate.
• The Tribunal’s conduct was administrative, not adversarial, and its errors did not justify punitive costs.

Outcome:

• Partially Successful:
  • Nathalie Barrette's judicial review was allowed (the tribunal’s decision was overturned), but her request for costs was denied. Both parties bore their own legal expenses. No amount specified.