Municipal councils play an important decision-making role in land use planning matters in Ontario. They also carry sometimes seemingly conflicting responsibilities to different interest groups in carrying out their duties. Given this complex dynamic, are municipalities free to conduct themselves as they see fit in proceedings before the Ontario Land Tribunal (OLT, formerly known as the Local Planning Appeal Tribunal and before that, the Ontario Municipal Board) without the threat of costs being awarded against them?
In short, the answer is no. Municipalities are not exempt from cost awards.
Unlike in the courts, applications to the Tribunal for costs are not routine and cost awards are rare. A party cannot expect that if it is successful in a matter before the Tribunal, it will recover its costs.
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