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Costs applications dismissed as conduct of the Approval Holder and Director was not unreasonable or in bad faith.
Following successful appeals that revoked a Renewable Energy Approval for a wind turbine project, the applicants sought costs against the Approval Holder and the Director of the Ministry of the Environment and Climate Change.
The applicants alleged unreasonable and bad faith conduct prior to and during the hearing, including late filing of evidence and changing positions mid-hearing.
The Environmental Review Tribunal dismissed the costs applications, finding that conduct prior to the proceeding is not eligible for costs, and that the conduct during the hearing was not unreasonable, frivolous, vexatious, or in bad faith.
Procedural order issued for concurrent CRB and OMB hearings regarding heritage designation and planning appeals.
The Conservation Review Board and Ontario Municipal Board issued a procedural order for concurrent hearings regarding a property in the Town of Bradford West Gwillimbury.
The owners appealed the Town's failure to make a decision on consent applications, appealed a minor variance application, and objected to a notice of intention to designate the property under the Ontario Heritage Act.
The order sets the hearing dates, order of evidence, and disclosure requirements.