The applicants and respondents both brought motions for costs following a hearing before the Normal Farm Practices Protection Board.
The applicants sought substantial indemnity costs of approximately $98,731, alleging the respondents' counsel engaged in unreasonable and delaying conduct.
The respondents sought partial indemnity costs of approximately $40,683, alleging the applicants' agent called irrelevant evidence and prolonged the hearing.
The Board found that neither party's conduct met the threshold of being clearly unreasonable, frivolous, vexatious, or in bad faith.
Both motions for costs were dismissed without costs, with the Board noting that costs awards will be rare to avoid dissuading public participation.