Dr. Anthony Cox

Following successful appeals that revoked a Renewable Energy Approval for a wind turbine project, the applicants sought costs against the Approval Holder and the Director of the Ministry of the Environment and Climate Change.

The applicants alleged unreasonable and bad faith conduct prior to and during the hearing, including late filing of evidence and changing positions mid-hearing.

The Environmental Review Tribunal dismissed the costs applications, finding that conduct prior to the proceeding is not eligible for costs, and that the conduct during the hearing was not unreasonable, frivolous, vexatious, or in bad faith.