Sonia T. Kociper

Following an appeal, the successful respondents sought costs.

The appellants argued that no costs should be awarded, or costs should be reduced, because they were litigating in the public interest.

The Divisional Court rejected this argument, holding that costs should follow the event.

The court awarded the respondents costs on a partial indemnity basis, fixing fees at $25,000 for the appeal and $5,000 for the leave to appeal motion, plus $1,700 in disbursements and GST.

The appellants appealed a decision of the Ontario Municipal Board denying their request to review an earlier decision that allowed a development of three detached houses.

The appellants argued the Board acted outside its jurisdiction by approving access via an existing right of way, which they claimed would create an overburden and interfere with neighbouring property rights.

The Divisional Court dismissed the appeal, holding that the Board had jurisdiction to determine legal issues, such as easements, that were incidental to its administrative function of approving variances and granting consents to sever under the Planning Act.