The opposing parties brought a motion for costs against the appellant following the appellant's failure to attend a scheduled hearing and its last-minute withdrawal of a related appeal.
The Toronto Local Appeal Body found that the appellant's conduct was unreasonable, frivolous, vexatious, and in bad faith, as it failed to provide notice of its non-attendance, failed to file evidence, and withdrew the appeal without adequate warning.
The TLAB awarded costs to the opposing parties, reduced by one-third to account for expenses that would have been incurred prior to the deadline for submitting witness statements, resulting in a total award of $15,128.