Ĭosts - Solicitor and client costs - Entitlement to solicitor and client costs - Improper, irresponsible or unconscionable conduct. Industrial relations - Remedies - Practice - General - Costs - Fraser was held by an adjudicator to have been wrongfully dismissed by the Bank of Nova Scotia - The adjudicator awarded her compensation and solicitor-client costs - The adjudicator found that the bank's conduct towards Fraser had been callous and cruel, and that the bank had dishonestly made allegations of improper conduct against Fraser to justify its prior decision to dismiss her - The bank unsuccessfully applied for judicial review - The bank further appealed, and argued that awards of solicitor-client costs should only be made where the conduct complained of occurred during the litigation itself - The Federal Court of Appeal rejected the argument - See paragraphs 5 to 10.Įmployment and labour standards - Jurisdiction and powers of director - Judicial review - Standard of review. standard of review) - Fraser was held by an adjudicator to have been wrongfully dismissed by the Bank of Nova Scotia - The adjudicator awarded her compensation and solicitor-client costs - The bank applied for judicial review - The bank argued that the question of costs awarded by the arbitrator was to be reviewed on a standard of correctness even though the award itself was to be reviewed on a standard of patent unreasonableness - The Federal Court of Appeal disagreed - See paragraph 4. Judicial review - General principles - Nature of review proceeding (incl. Otherwise, the object of saving a litigant from 'being put to the expense of defending' a case would be frustrated by the other party's continuous appeals" - See paragraph 11.
#Bank of nova scotia jaras fosky fraser full#
Where a litigant's conduct has warranted solicitor-client costs at trial and the litigant appeals that very order, it only seems appropriate that, that litigant bear the full costs of losing that appeal upon failure. Judicial review - General - Practice - Costs - The Federal Court of Appeal stated that "a court is justified in looking at the parties' conduct in the first instance in awarding costs on judicial review or appeal. Judicial review - General - Scope or standard of review.
The Federal Court of Appeal dismissed the appeal. 225, dismissed the application and awarded Fraser solicitor-client costs of the application. The Federal Court of Canada, Trial Division, in a decision reported at 186 F.T.R. The adjudicator awarded her compensation and solicitor-client costs. Fraserįraser was held by an adjudicator to have been wrongfully dismissed by the Bank of Nova Scotia. Shelley Ann Fraser (respondent/respondent) The Bank of Nova Scotia (appellant/applicant) v.
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