Murray Davenport

The appellants brought a motion for costs against an added party, Mr. Earl, seeking $42,646.65 for costs incurred due to a motion to extend time for filing an expert witness statement and for hearing costs.

The appellants argued Mr. Earl's conduct was unreasonable and frivolous, citing his expert's failure to adhere to the procedural order and his raising of a stormwater management issue not shared by the approval authorities.

The Tribunal found that while the expert's unresponsiveness and failure to meet deadlines was problematic, it did not result in significant delay or prejudice.

The Tribunal concluded Mr. Earl's conduct did not meet the high threshold of being unreasonable, frivolous, vexatious, or in bad faith required for a costs award, and dismissed the motion.