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Successful respondent on appeal denied costs for causing unnecessary steps by delaying jurisdictional challenge.
The respondent sought costs of $61,000 following a successful appeal regarding the Ontario Municipal Board's jurisdiction to order a joint board.
The Divisional Court denied the costs request, finding that the respondent caused unnecessary steps and lengthened the proceeding by failing to raise the jurisdictional issue at first instance or during the initial leave to appeal application.
Consequently, the court ordered each party to bear its own costs.
OMB correctly determined it lacked jurisdiction to order a joint board due to statutory exemptions.
The appellants appealed a decision of the Ontario Municipal Board (OMB) refusing to order a joint board under the Consolidated Hearings Act (CHA) for a proposed golf course and residential development on the Oak Ridges Moraine.
The Divisional Court held that the OMB correctly determined it lacked jurisdiction to order a joint board because the potential hearings under the Ontario Water Resources Act were exempt under the applicable regulations.
Furthermore, the Court found that the OMB had the discretion under s. 24(2) of the CHA to refuse to order a joint board and made no error in exercising that discretion.
The appeal was dismissed.
Appeal adjourned and matter remitted to OMB to determine newly raised jurisdictional issue regarding consolidated hearings.
The appellants appealed an interlocutory decision of the Ontario Municipal Board denying their request to consolidate and hold a single joint hearing regarding a proposed development on the Oak Ridges Moraine.
On appeal, the respondent raised a new jurisdictional argument for the first time, asserting that certain regulations exempted the potential water hearings from consolidation.
The Divisional Court remitted the matter to a new panel of the OMB to consider the jurisdictional question with the benefit of a full factual context, and adjourned the appeal sine die.
