DONNA CASLER Applicant v. CANADIAN NATIONAL RAILWAY, 2011 FC 287

Federal Court Cour fédérale Date: 20110310 Docket: T-1168-09 Citation: 2011 FC 287 Ottawa, Ontario , March 10, 2011 PRESENT: The Honourable Mr. Justice Barnes BETWEEN: DONNA CASLER Applicant and CANADIAN NATIONAL RAILWAY Respondent SUPPLEMENTARY REASONS FOR JUDGMENT AND JUDGMENT [ 1 ] In my Reasons dated February 9, 2011, I reserved judgment with respect to the issue of costs. [ 2 ] The Respondent is seeing costs and under Column III in the amount of $6,405.43 and disbursements of a further $1,257.73. [ 3 ] The Respondent was successful and is entitled to a reasonable award of costs.

I must also be mindful of the personal circumstances of the Applicant. She is disabled and has been without income for many years. Indeed this application arose out of the termination of her employment by the Respondent due to her inability to work. [ 4 ] The Respondent’s claim to costs is also on the high side for a relatively straight forward application and certainly the recovery of almost $1,000.00 in photocopying expenses is unwarranted. [ 5 ] I am satisfied in these circumstances that an award in favour of the Respondent in the amount of $1,000.00 inclusive of disbursements is justified.

JUDGMENT THIS COURT’S JUDGMENT is that the Applicant shall pay to the Respondent the sum of $1,000.00 for costs and disbursements.

“ R. L. Barnes ” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-1168-09 STYLE OF CAUSE: CASLER v CANADIAN NATIONAL RAILWAY PLACE OF HEARING: Toronto , Ontario DATE OF HEARING: January 12, 2011 SUPPLEMENTARY REASONS FOR JUDGMENT AND JUDGMENT: BARNES J. DATED: March 10, 2011 APPEARANCES : Hugh Scher FOR THE APPLICANT Simon-Pierre Paquette FOR THE RESPONDENT SOLICITORS OF RECORD :

Scher Law Professional Corporation Barrister and Solicitor Toronto, ON FOR THE APPLICANT Canadian National Railway Montreal , QC FOR THE RESPONDENT