Andrea Hächler

Following a successful appeal of the City's refusal to enact a zoning by-law amendment, the appellants sought full indemnity costs against the City.

The appellants argued the City's conduct was unreasonable.

The Tribunal dismissed the costs motion, finding that a municipality is permitted to defend its council's decision in the ordinary course without being subject to a costs sanction, and the City's conduct was not unreasonable, frivolous, vexatious, or in bad faith.

The applicant appealed the City of Woodstock's refusal of a zoning by-law amendment to rezone a property from R1 to R2 to permit a converted dwelling with a basement apartment.

The Tribunal allowed the appeal, preferring the evidence of the applicant's planner that the proposal was consistent with the Provincial Policy Statement, conformed to the County Official Plan, and represented good planning by providing sensitive residential intensification without adverse impacts on the neighbourhood.