Costs of $55,000 awarded against appellants for unreasonable conduct in bringing a baseless motion to strike.
The applicants and the City of Vaughan brought motions for costs against the appellants, Humberplex Developments Inc. and Friends to Conserve Kleinburg Inc., following the dismissal of their appeals regarding Official Plan Amendments 47 and 48.
The costs motions primarily related to a motion to strike brought by the appellants, which sought to exclude expert planning evidence based on hearsay and innuendo regarding alleged bias and improper influence.
The Tribunal found that the appellants' conduct in bringing the motion to strike was unreasonable and warranted an award of costs.
The Tribunal awarded $35,000 in costs to the applicants and $20,000 to the City, payable primarily by Humberplex.
OLTOntario Land TribunalMar 31, 2022