Costs in our civil litigation courts are the norm. In general, the winner gets a costs award, and the loser pays. Things are different at the Ontario Land Tribunal (OLT). The rules of our civil courts do not apply. Costs orders are rare. They are only awarded in narrow circumstances.
This article (part one of a three-part series) will examine the recent origins of the OLT and the tribunal’s criteria for a costs award under the Ontario Land Tribunal Act, 2021, the Statutory Powers Procedure Act (SPPA) and the OLT’s Rules of Practice and Procedure.
This article was originally published by Law360 Canada, part of LexisNexis Canada