David Cherepacha

Following a successful application confirming user in common rights on a subdivision plan, the applicants sought costs of $51,593.86.

The respondent landowners argued the amount was excessive for a one-day hearing.

The respondent municipality also sought costs against the respondent landowners.

The court awarded the applicants $45,000 in partial indemnity costs, finding the claimed amount excessive despite the complexity of the historical real estate issues.

The municipality was awarded $2,500 in costs for its helpful submissions, though its costs were reduced because it remained adverse in interest to the applicants until the morning of the hearing.

The applicant developer sought a provisional building permit for a townhouse development, which the City refused, demanding an off-site parkland dedication instead of cash in lieu of land.

The applicant appealed the refusal and applied for a declaration interpreting the municipal bylaw.

The court dismissed the appeal as premature because the applicant lacked final planning approval.

However, the court granted the application for a declaration, finding that under the plain language of the bylaw, the City cannot require an off-site parkland dedication without the developer's agreement.