A. Smit

The applicant sought costs of $41,799.26 against the appellant following a minor variance appeal regarding a residential redevelopment.

The applicant argued the appellant's conduct was unreasonable and frivolous.

The Tribunal dismissed the motion for costs, finding that the appellant had provided reasons for her appeal, retained an expert arborist, did not cause unnecessary delays, and successfully advocated for additional conditions to protect a tree.

The Tribunal concluded the appellant's conduct was not unreasonable, frivolous, vexatious, or in bad faith.