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Hamilton v. Correia

Location:

Greater Golden Horseshoe


Subject:

Costs, Residential Development, Severances


Court:

Ontario Municipal Board


Application/issue:

Joseph Hamilton seeks costs against Richard Correia arising from a hearing in which Mr. Correia appealed against a severance granted to Mr. Hamilton by the Committee of Adjustment for a property in the Town of Wasaga Beach. In a decision issued on May 28, 2013, the Board found in favour of Mr. Hamilton. The amount Mr. Hamilton is seeking is not stated directly in his Motion, but his counsel indicates in accompanying documentation that Mr. Hamilton claims is $8,241.57 in legal and planning expenses.


Held:

Motion for costs dismissed


Reasons:

The Board’s rules do not provide leeway to award costs when a party’s conduct has been found to be reasonable, but resulted in “inconvenience and financial loss for other parties.” Further, an appellant is under no obligation to provide expert witnesses. Failure to present evidence can be considered to constitute frivolous or vexatious behaviour and worthy of the awarding of costs, but does not apply in this case.


Document(s):


Collingwood

Orillia

Owen Sound

Sudbury

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