AJC Awarded Costs on ERA Charter Challenge :: Association of Justice Counsel News
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June 12th, 2012
June 12th, 2012
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AJC Awarded Costs on ERA Charter Challenge

AG Appeals Court Order

In a decision dated June 1st and endorsed by the parties on June 7th, Mr. Justice Grace of the Ontario Superior Court of Justice has awarded costs of $135,000 in favour of the AJC following the decision made on the Association's ERA Charter Challenge. Such amounts are likely not recoverable however until the conclusion of the appeal process.

With its Charter Challenge, the AJC was able to establish a violation of s.2 (d) of the Charter and to obtain a declaration that ss. 16(a) and 34(1)(a)of the ERA are unconstitutional.

In addition, a remedy was also granted preserving the AJC's objective to obtain a salary increase well above the ERA mandated increase for the 2006-07 fiscal year. In his latest decision, Justice Grace qualified these results as "significant".

The judge commented on the AJC's application:  "The factual and legal materials were skilfully prepared. They were detailed; almost encyclopedic (...) this application involved matters of great importance that were legally and factually complex."

On the other hand, Justice Grace said that the AG's characterization of his original decision as being a "divided success" was "wide off the mark".

Mr. Justice Grace concluded that "In my view, the AJC is entitled to costs of the application - both on the merits and remedy compensation - on a partial indemnity basis."

Despite such clear statements by Justice Grace, the AG has served notice of its intention to appeal the costs order.

For more information, visit the ERA Charter Challenge page on the AJC's web site.


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