Decision Date: November 21, 2003

Panel: Alan Andison

Keywords: Environmental Management Act – s.11 (14.2)(a); costs; contaminated site

This is an application by the City of Burnaby, Telus Corporation, and the Assistant Regional Waste Manager for costs against Spike Investments Ltd “Spike”. Spike had filed an appeal of a Site Investigation Order, but withdrew its appeal the day before the appeal hearing was scheduled to begin.  Spike decided to withdraw the appeal after receiving an expert opinion on a report that was prepared by one of the other parties’ experts.

The issue in these applications was whether the Board should order Spike to pay all or part of the costs of the other parties in connection with the appeal.

The Board found that there are no special circumstances that would justify ordering Spike to pay the appeal costs of the other parties.  The Board held that Spike pursued the appeal in good faith, caused no unreasonable delays in the appeal process, and that the appeal was not frivolous and vexatious.

The applications were dismissed.