Tony Flemming

The Tribunal held a second Case Management Conference regarding appeals of a zoning by-law amendment passed by the Township.

The parties could not agree on an Issues List.

The Tribunal found that many of the issues proposed by the appellants were outside its jurisdiction, such as alleged irregularities in the passage of the by-law and contractual liability.

The Tribunal adopted the five issues proposed by the Township and scheduled a two-day merit hearing.

The Applicant and the Town sought costs against the Appellant following the dismissal of his appeal regarding a site-specific zoning by-law.

The Tribunal found that the Appellant's conduct was unreasonable, frivolous, and vexatious, noting his lack of direct interest, failure to present evidence, late scoping of issues without notice, and history of unsubstantiated appeals.

The Tribunal awarded costs against the Appellant fixed at $10,000, apportioned between the Applicant and the Town, to deter meritless appeals while not discouraging legitimate public participation.