L. Richetti

Following a successful appeal, the appellants sought their costs.

The Divisional Court fixed costs on a partial indemnity scale, allowing the disbursements as claimed but reducing the fees claimed due to duplication of time and excessive preparation time by junior counsel.

Applying the principles from Boucher, the court awarded each appellant $15,000 in fees, plus their respective disbursements, payable by the respondents.

The appellants appealed an Ontario Municipal Board (OMB) decision granting minor variances to the respondents for the construction of a new home.

The Divisional Court allowed the appeal, finding that the OMB erred in law by failing to properly apply the four-part test for minor variances under section 45(1) of the Planning Act.

The Court held that the OMB unreasonably focused almost exclusively on the impact of the variances, neglecting to adequately consider their size, desirability, and whether they maintained the general intent and purpose of the zoning by-law and official plan.

The matter was remitted to a different panel of the OMB.