Derek Taylor Ground

The Escarpment Biosphere Conservancy appealed the Municipality of Northern Bruce Peninsula's approval of a zoning by-law amendment that permitted the development of a cottage, detached garage, and septic system on lands within the Zinkan Island Cove Area of Natural and Scientific Interest.

The appellant argued that the applicant failed to demonstrate that the development would have no negative impacts on the natural features or their ecological functions, as required by the Provincial Policy Statement.

The Tribunal dismissed the appeal, preferring the evidence of the applicant's and municipality's experts, who concluded that the development, restricted to a previously disturbed building envelope with mitigation measures, would have no negative impacts on the alvar habitat or other natural heritage features.

Following a motion where the applicant successfully compelled the respondent to comply with outstanding orders and post security for costs, the applicant sought costs of $12,687.06.

The court awarded costs on a partial recovery basis, fixing the amount at $6,100.

This included $2,000 to compensate the applicant for her own time spent preparing materials as a self-represented litigant, noting the importance of meaningful costs awards for self-represented parties in family law.

The applicant mother moved to strike the respondent father's motion to change a final consent order, citing significant breaches of prior orders (especially costs) and arguing the motion was frivolous, vexatious, and an abuse of process.

She also sought to have the father declared a vexatious litigant and required security for costs.

The court found the father was in breach of prior costs orders and had delayed compliance.

While not declaring the father a vexatious litigant or the proceeding an abuse of process at this stage, the court ordered the father to pay outstanding interest on trial costs and post $70,000 as security for the mother's costs.

The father's motion to change was stayed pending compliance with these conditions, and further motions were restricted without leave.

The appellants, unsecured creditors, appealed orders sanctioning a plan of arrangement under the Companies' Creditors Arrangement Act (CCAA) and awarding costs against them.

The plan effectively eliminated any recovery for unsecured creditors, as the secured claims (over $60 million) far exceeded the maximum estimated value of the debtor's mining assets ($19.9 million).

The Court of Appeal dismissed the appeal, finding no error in the motion judge's acceptance of the asset valuation or his conclusion that the plan was fair and reasonable.

The Court also upheld the costs award, noting the appellants' opposition lacked a realistic basis.

The appellants challenged findings that the Indian Act provision restricting band election voting to members ordinarily resident on the reserve violated the equality rights of off-reserve band members.

The Court held that off-reserve band member status is an analogous ground under s. 15(1), and that the complete denial of voting rights in band governance perpetuated disadvantage and denied substantive equality.

The infringement was not justified under s. 1 because a total exclusion of non-residents was not minimally impairing.

The Court declared the impugned words in s. 77(1) invalid in their general application, suspended the declaration for 18 months, and denied an immediate constitutional exemption.