The moving parties sought costs against the Township of Clearview following the Township's withdrawal of its appeals regarding a development permit application and a Niagara Escarpment Plan amendment.
The moving parties argued that the Township's conduct, which included multiple adjournment requests and a failure to properly classify the environmental assessment, was unreasonable, frivolous, and vexatious.
The Township argued that the Tribunal was functus officio following the withdrawal.
The Tribunal held that it retained jurisdiction to award costs but dismissed the motions, finding that the Township's conduct did not meet the high threshold required for a costs award under the Tribunal's Rules of Practice and Procedure.
