Sara Premi

Following the dismissal of the appellant's appeal from a decision of the Ontario Municipal Board, the respondent Ministry of Natural Resources sought partial indemnity costs.

The Divisional Court found the requested amount of $8,034.09 to be reasonable and ordered it payable forthwith.

On consent, the respondent County of Haldimand was awarded costs of $2,500.

The appellant appealed a decision of the Municipal Board regarding the revocation of a licence, arguing the Board erred in law by failing to understand that the revocation was tainted by prior allegedly unlawful actions by the Ministry.

The Divisional Court dismissed the appeal, finding no error of law in the Board's decision and noting that the Board's conclusion that the appellant was not in compliance with licence conditions was a finding of fact that could not be disturbed.

The appellant municipality appealed the acquittal of the respondents on a charge of breaching a zoning by-law by storing used tires on their agricultural property.

The lower courts acquitted the respondents on the basis that the tires were intended to be used as building material for fences.

The Court of Appeal allowed the appeal, finding that the accumulation of thousands of tires over a three-month period constituted 'storage' in contravention of the by-law, regardless of the eventual intended use.

The acquittals were set aside, convictions entered, and nominal fines imposed.