Following a municipal building enforcement dispute, the applicant sought rescission of stop work and compliance orders issued by a municipal chief building official regarding patios constructed without a permit.
Parallel provincial offences proceedings resulted in the applicant’s acquittal on all charges and the municipality subsequently rescinded the orders, rendering the application moot.
The court considered whether the applicant was entitled to costs and whether substantial indemnity costs were justified.
While the applicant was effectively successful because the orders were withdrawn, the court found no evidence of bad faith or reprehensible conduct by the municipality.
Partial indemnity costs were therefore awarded in a reduced amount reflecting excessive time and disbursements claimed.
