D. Germain

Following the dismissal of the applicant's motion for an extension of time to seek leave to appeal, the respondents sought their costs.

The applicant argued it should be shielded from costs as a public interest litigant, but the court found it failed to provide sufficient evidence to meet the test.

The court fixed costs at $15,000 for Preston Sand and $9,000 for the Township.

Preston Sand's request to have costs awarded personally against the individual members of the applicant corporation was dismissed, as it failed to prove the corporation was a 'man of straw' and failed to provide adequate notice to the non-parties.

The applicant sought an extension of time to file a motion for leave to appeal a decision of the Ontario Municipal Board regarding zoning by-law amendments for an aggregate operation.

The court applied the Enbridge Gas test and found that while the applicant had a bona fide intention to appeal, the explanation of inadvertence for the delay was insufficient.

Furthermore, the proposed appeal challenged the Board's factual weighing of prejudice in excluding expert testimony, which did not raise a meritorious question of law.

The motion for an extension of time was dismissed.