Alex Lusty

The moving party brought a motion for leave to appeal two decisions of the Ontario Land Tribunal.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding municipality in the all-inclusive amount of $5,000.

The respondent, having been successful on the appeal, sought costs of $34,377.28 on a substantial indemnity basis relying on a settlement offer.

The appellant argued he was a public interest litigant and that no costs should be ordered.

The Divisional Court found the appellant did not demonstrate he was a public interest litigant and held that costs should follow the event.

The court declined to award substantial indemnity costs, finding Rule 49 did not apply, and instead awarded the respondent costs of $20,000 on a partial indemnity basis.

The appellant appealed a Review Decision of the Local Planning Appeal Tribunal, arguing that the Tribunal erred in law by applying the 'Clergy principle' to allow the respondent's planning applications to be assessed under the policy regime in place when they were originally filed in 1990.

The Divisional Court dismissed the appeal, holding that the Clergy principle is a procedural policy choice within the Tribunal's exclusive jurisdiction, not a legal principle subject to appeal on a question of law.

The Court also found that the Tribunal provided sufficient reasons for its decision.