2 total
Motion for costs dismissed; appellant's conduct in pursuing zoning appeal did not warrant costs award.
Shannondale Developments brought a motion for costs against Shanae Management Inc. following the Tribunal's dismissal of Shanae's zoning by-law appeal without a hearing.
Shannondale argued that Shanae's appeal was devoid of merit, lacked expert evidence, and was brought solely to leverage financial interests regarding off-site environmental remediation.
The Tribunal applied the Midland test and found that Shanae's conduct did not meet the high threshold of being unreasonable, frivolous, vexatious, or in bad faith.
The motion for costs was dismissed, with no costs payable by either party.
Zoning by-law appeal dismissed without a hearing as it had no reasonable prospect of success.
The applicant brought a motion to dismiss the appellant's appeal of a zoning by-law amendment without a hearing.
The appellant had not appealed the related official plan amendment, which had come into force and permitted the height and density reflected in the zoning by-law amendment.
The Tribunal found that the appeal had no reasonable prospect of success because the zoning by-law amendment must conform to the in-force official plan, and the appellant's concerns regarding off-site environmental remediation were beyond the scope of the site-specific zoning by-law amendment.
The motion was granted and the appeal was dismissed.
