N. Brown

The parties were unable to agree on the quantum of fixed costs awarded to the respondent on a partial indemnity scale following a previous decision.

The respondent claimed $25,580 based on a draft bill of costs totalling $32,822.

The applicant argued the claimed hours were excessive and suggested $8,000.

The court fixed costs payable by the applicant to the respondent at $17,500 for fees and $580 for disbursements, plus applicable GST.

Mattamy applied for approval of a plan of subdivision that included laneways with widths of 10.5 metres.

The City of Toronto opposed assuming the laneways because they were substandard in width, proposing instead that they be privately owned.

Mattamy appealed to the Ontario Municipal Board (OMB), which stated a case to the Divisional Court to determine if it had jurisdiction to compel the City to assume the public lanes and municipal services against its wishes.

The Divisional Court held that the OMB is a statutory tribunal with no inherent jurisdiction and that neither the Planning Act, the Municipal Act, 2001, nor the Ontario Municipal Board Act conferred jurisdiction on the OMB to compel a municipality to assume roads or services.