Paula Lombardi

The Environmental Review Tribunal held a pre-hearing conference regarding appeals by the Concerned Citizens of Brant and the Corporation of the County of Brant against the issuance of a Permit to Take Water and an Environmental Compliance Approval to CRH Canada Group Inc. for an aggregate washing operation.

The Tribunal issued procedural directions and set a schedule for the exchange of documents, witness statements, and the hearing dates.

Following an appeal, the Court of Appeal for Ontario issued a costs endorsement.

The court rejected the respondents' request for substantial indemnity costs and the appellants' request for no costs.

Instead, the court awarded costs on a partial indemnity basis, ordering the appellants to pay a total of $64,000 to the various respondents.

Following dismissal of an application alleging that a municipality and its mayor and councillors conspired in bad faith to block a bridge expansion project through heritage and demolition control by-laws, the court determined the issue of costs.

The court found the allegations of conspiracy, illegality, and bad faith against the municipal defendants to be entirely without merit and emphasized that unsubstantiated allegations of dishonesty justify elevated costs.

Applying the principles in s. 131 of the Courts of Justice Act and Rule 57 of the Rules of Civil Procedure, the court awarded substantial full indemnity costs to the successful municipal respondents and individual councillors, subject to proportionality considerations reflecting differing levels of participation.

The court held that both the applicants and the Canadian Transit Company—though formally a respondent but aligned with the applicants—were jointly and severally responsible for the costs award.

Following an appeal involving a long-term municipal employee who lost his employment due to amalgamation, the Court of Appeal issued a brief endorsement fixing the costs of the appeal and the proceedings below at $40,000 inclusive of disbursements and GST.

The respondent, a middle manager for the former City of North York, was terminated following municipal amalgamation and unsuccessful job competitions.

The trial judge awarded 116 weeks' pay in lieu of notice, including an extension for bad faith conduct under Wallace, finding the employer's competition process was 'sloppy'.

The Court of Appeal allowed the employer's appeal, holding that the employer's conduct did not amount to bad faith or unfair dealing justifying a Wallace extension.

The court reduced the notice period to the 80 weeks originally offered by the employer.

The respondent's cross-appeal seeking reinstatement on the basis that he was an office holder was dismissed.