Decision Date: August 1, 2003

Panel: Alan Andison

Keywords: Environmental Management Act – s. 11(14.2); application for costs

Larry Lutjen and some associated property owners (the “Applicants”) applied for costs related to an appeal filed by James B. Cooperman.  Mr. Cooperman had appealed a decision by the Assistant Regional Water Manager to issue the Applicants a conditional water licence and a permit to occupy Crown Land in substitution of the Applicants’ prior licence and permit.  Mr. Cooperman withdrew his appeal before the appeal hearing commenced, when he was satisfied his issues had been resolved through negotiations with government officials.

Among other things, the Applicants argued that Mr. Cooperman failed to act in a timely manner, caused unreasonable delays in the appeal proceedings, and that his appeal was frivolous and vexatious.

The Board found that Mr. Cooperman acted in a timely manner throughout the appeal.  The Board also found that Mr. Cooperman’s appeal was neither frivolous nor vexatious.  The Board noted that it encourages parties to seek resolution of appeals prior to a hearing, and that there is no bad faith in pursuing an appeal and negotiating a resolution concurrently.

The Board denied the application for costs.