The applicant withdrew his application under the Farming and Food Production Protection Act, 1998 two days before the scheduled hearing.
The respondent municipality sought costs, arguing the applicant engaged in unreasonable conduct by failing to provide ordered disclosure, failing to attend a motion, and delaying the withdrawal.
The Board found the applicant's conduct was unreasonable and disrespectful of the Board's process, warranting a costs award.
However, the conduct was not deemed reprehensible, scandalous, or outrageous.
Costs were awarded to the respondent on a partial indemnity basis in the amount of $5,097.05.