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Motion for costs dismissed as the municipality's conduct was not unreasonable, frivolous, or vexatious.
The appellant brought a motion for costs against the County of Norfolk following an appeal regarding a zoning by-law and official plan amendment to permit a 6-storey residential apartment building.
The appellant argued that the County's conduct was unreasonable, frivolous, or vexatious due to changes in its position on servicing, affordable housing, and urban design, as well as its rejection of settlement offers and pursuit of an infeasible waterfront trail.
The Ontario Land Tribunal dismissed the motion, finding that the County's conduct did not rise to the level of being seriously unreasonable or warranting a costs award under Rule 23.9 of the Tribunal's Rules of Practice and Procedure.
