Case Summary

Following a final determination on an expropriation compensation claim where the claimant was awarded less than 85% of the statutory authority's offer, both parties brought motions for costs. The Tribunal found that the claimant unreasonably refused a proper settlement offer in 2018 and engaged in unreasonable and wasteful conduct throughout the proceeding. Applying the principles from the Shergar decisions, the Tribunal awarded the claimant its costs on a full indemnity basis up to the 2018 offer and on a partial indemnity basis thereafter, subject to a 30% reduction for inappropriate dockets. The Tribunal also awarded the expropriating authority its costs on a partial indemnity basis throughout the proceeding.