The appellants appealed a decision of the Normal Farm Practices Protection Board that denied their claim for over $1.2 million in costs following a lengthy proceeding.
The underlying application concerned a nuisance claim against a greenhouse and anaerobic digester operated by a court-appointed receiver.
The Board had found that both parties engaged in unreasonable conduct and declined to award costs to either side.
The Divisional Court dismissed the appeal, finding no error in principle or palpable and overriding error in the Board's discretionary costs decision.
