The appellant sought costs as the successful party on appeal, while the respondents sought costs relying on s. 32(1) of the Expropriations Act.
The Court of Appeal held that s. 32(1) applies to the Ontario Municipal Board, not the court, and is triggered only when the Board has made an order awarding at least 85% of the offered amount.
Since the Board's order was set aside, s. 32(1) did not apply at this stage.
The appellant was awarded partial indemnity costs of $108,000 for the Divisional Court appeal and $45,000 for the Court of Appeal proceedings.
However, the court directed that the costs are not payable until the matter is finally resolved by the Board.
