John S. Doherty

The applicant's motion to amend its notice of application was previously dismissed.

The respondents sought costs of $12,979.13 on a substantial indemnity basis.

The applicant argued for no costs or deferred costs, citing divided success, novel questions of law, and its impecuniosity due to expropriation.

The court rejected the applicant's arguments, finding the respondents were entirely successful and the applicant's conduct in bringing a duplicative and unnecessary motion warranted rebuke.

The court awarded the respondents costs fixed at $12,000 on a substantial indemnity basis.

The applicant sought leave to amend its notice of application to add the interim Chief Building Official as a respondent and to appeal his alleged 'decision' that the applicant was not an 'aggrieved person' regarding a prior Unsafe Order.

The court dismissed the motion, finding the proposed amendments were not legally tenable.

The court held that the interim official's communication was not an appealable 'decision' under section 25(1) of the Building Code Act, as standing is a determination for the court, not the official.