Stephanie Fleming

The applicant Town sought judicial review of an Ontario Land Tribunal decision finding that a proposed cemetery was in the public interest under the Funeral, Burial and Cremation Services Act, 2002.

The Tribunal had bifurcated the hearing, leaving the related site plan appeal under the Planning Act to be determined separately.

The Divisional Court dismissed the application for judicial review as premature, holding that the Tribunal's process was not complete and that courts should not interfere in ongoing administrative proceedings absent exceptional circumstances.

The moving party, The Corporation of the City of Peterborough, brought a motion for leave to appeal a prior decision.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay costs of $10,000 to the responding party.

This endorsement addresses the costs arising from an unsuccessful motion for leave to appeal brought by The Corporation of the Town of Niagara-on-the-Lake (NOTL).

The responding parties, Tweed Farms Inc. and 2470689 Ontario Inc., sought costs.

Tweed Farms claimed increased costs due to NOTL's abandoned positions, the expedited nature of the motion, and challenges related to virtual hearings during COVID-19.

NOTL argued the claimed amounts were excessive.

The court applied principles of proportionality and reasonable expectations, adjusting counsel rates and acknowledging the impact of NOTL's litigation conduct.

The court awarded Tweed Farms Inc. $25,875 and 2470689 Ontario Inc. $5,940, both on a partial indemnity basis.

Following an unsuccessful motion for leave to appeal, the responding parties sought costs.

Tweed Farms Inc. sought partial indemnity costs of $36,701.06, arguing the moving party's unreasonable positions and the expedited nature of the proceeding increased costs.

The moving party argued the amounts were excessive.

The court awarded Tweed Farms Inc. $25,875 and 2470689 Ontario Inc. $5,940, finding these amounts reasonable and proportionate.

The Town of Niagara-on-the-Lake sought leave to appeal an interlocutory procedural order of the Local Planning Appeal Tribunal (LPAT) regarding appeals of an interim control by-law restricting cannabis-related land uses.

The Divisional Court dismissed the motion for leave to appeal as premature.

The court held that there were no exceptional or extraordinary circumstances to justify departing from the general rule against fragmenting administrative tribunal proceedings by hearing appeals from interlocutory decisions.