Byers Transport Ltd. v. Kosanovich
T-1834-93
Jerome A.C.J.
17/6/94
7 pp.
Application to set aside adjudicator's decision under Canada Labour Code reinstating respondent to employ of applicant and ordering compensation for lost wages and costs-Adjudicator found respondent not laid off because of discontinuance of function, ordered reinstatement with full pay back and benefits and awarded costs on solicitor-client basis -- Issue before adjudicator whether respondent laid off -- Adjudicator acting within jurisdiction in determining no bona fide lay off due to discontinuance of function -- Decision, based on evidence at hearing before him and findings of facts, not patently unreasonable-Nothing to warrant Court's intervention with impugned decision, in light of privative clause in Code, s. 243 -- Adjudicator had jurisdiction to award costs on solicitor-client basis: language of s. 242(4)(c) broad enough to encompass award of costs on solicitor-client basis where circumstances so warrant -- Proper and reasonable exercise of adjudicator's discretion -- Award of costs in accordance with R. 1618 appropriate -- Application dismissed -- Canada Labour Code, R.S.C., 1985, c. L-2, ss. 242, 243 -- Federal Court Rules, C.R.C., c. 663, R. 1618 (as enacted by SOR/92-43, s. 19).