I. Flett

The applicant, a public interest litigant, sought leave to appeal an Ontario Municipal Board decision but the motion was dismissed as abandoned after a time extension was refused.

The respondents sought costs.

The court held that public interest litigants must adhere to procedural rules and awarded costs to the respondents for the procedural motion.

For the leave motion itself, the court declined to award costs to the municipality, recognizing both parties acted in the public interest, but awarded partial indemnity costs to the private landowner respondents who were forced to participate.

The unsuccessful appellant in an OMB appeal sought to be excused from paying costs, arguing he was acting as a public interest litigant.

The court rejected this argument, finding the litigation did not involve an issue of public significance extending beyond the immediate parties.

Applying the principle that costs must be fair and reasonable, the court found the respondents' requested amounts excessive and awarded $10,000 to the primary respondent and $5,000 to each of the other two respondents.