Costs motion against residents group dismissed; participation in planning appeal was reasonable and in good faith.
The applicant sought costs of $153,858.95 against a residents group following a settlement hearing for a subdivision development.
The applicant argued the residents group acted unreasonably by pursuing meritless planning arguments and failing to call engineering evidence.
The Tribunal dismissed the motion, finding the residents group participated reasonably, complied with procedural orders, and advocated in good faith.
The Tribunal emphasized its cautious approach to costs against citizens to avoid a chilling effect on public participation in the planning process.
OLTOntario Land TribunalJun 20, 2023
