Motion for costs denied; unsuccessful environmental leave to appeal application was not frivolous or vexatious.
St. Rita at Marylake Long Term Care Home brought a motion for costs against Save The Oak Ridges Moraine and Kingscross Ratepayers Association following the dismissal of their application for leave to appeal a Permit to Take Water.
St. Rita argued the application was frivolous, vexatious, and brought solely to delay the development of a long-term care facility.
The Tribunal found that while the leave application was unsuccessful and partly raised issues outside its jurisdiction, the appellants' conduct did not meet the threshold of being unreasonable, frivolous, vexatious, or in bad faith.
The motion for costs was denied.
OLTOntario Land TribunalMay 28, 2026