Bernard Eastman

The appellant Township appealed a decision regarding the application of a zoning bylaw to a specific property.

Prior to the appeal, the property was sold, the use ceased, and the bylaw was amended.

The Court of Appeal dismissed the appeal as moot.

The appellant also sought leave to appeal the costs order of $30,000 on a partial indemnity basis.

The Court granted leave but dismissed the costs appeal, finding the amount reasonable.

Costs of the appeal were fixed at $12,000 to the respondents.

The applicants brought a motion for directions and requested an extension of time to deliver their factum on the cross-appeals.

Following the initial reasons, the parties reached an agreement.

On consent, the court ordered the cross-appeals to be scheduled for hearing on June 16, 2003, and extended the time for the applicants to deliver their factum.

The applicants brought a motion for directions concerning cross-appeals by the Township.

They sought a determination that the cross-appeals were moot due to a post-judgment land use agreement, and directions regarding the contents of the Township's appeal book.

The motion judge dismissed the request for a mootness determination, holding that under Rule 61.16(2.2), a motion that finally determines an appeal must be heard by a three-judge panel.

The motion judge granted directions requiring the Township to file a certificate respecting evidence and to include certain omitted materials in a supplementary appeal book.