Big Island Band v. George
T-1009-94
Nadon J.
3/2/95
3 pp.
Application for judicial review of adjudicator's decision awarding costs in favour of respondent after dismissing respondent's claim for unjust dismissal against applicant employer -- Applicant submitting adjudicator exceeding jurisdiction in allowing costs in favour of respondent -- No specific provisions in Canada Labour Code with respect to cost award by adjudicator-Relying on Moncton (City of) and Buggie et al., Re (1985), 21 D.L.R. (4th) 266 (N.B.C.A.) holding Human Rights Commission not having power to award costs against a party, author Sara Blake contending most tribunals may not order a party to pay costs of other parties or of tribunal without expressed authority (Sarah Blake, Administrative Law in Canada (Butterworths, 1991), page 105) -- Judge citing author with approval and concluding express authority necessary to empower board or tribunal to award costs against a party -- Canada Labour Code not authorizing adjudicator to make award of costs -- Adjudicator exceeding jurisdiction in allowing costs -- Application allowed -- Costs award set aside-Canada Labour Code, R.S.C., 1985, c. L-2.