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Motion for costs against municipality dismissed; council's refusal to follow staff recommendation does not constitute bad faith.
The appellant sought costs against the Town of Kingsville, alleging the Town acted unreasonably and in bad faith by delaying a decision on a site plan despite staff support.
The Ontario Land Tribunal dismissed the motion, finding no evidence of bad faith.
The Tribunal noted that municipal councils have the discretion to not follow staff recommendations, and that costs are rarely awarded against a public authority.
Furthermore, the Tribunal held it lacks jurisdiction to award costs for conduct occurring outside its proceedings.
