Decision Date: April 28, 2017

Panel: Alan Andison

Keywords: Administrative Tribunals Act – ss. 17(2), 47(1)(a); application for costs; settlement order

The Assistant Regional Water Manager (the “Regional Manager”), Ministry of Forests, Lands and Natural Resource Operations, and the Appellants reached a settlement regarding the quantum of appeal costs that the Appellants would pay to the Regional Manager.

The Board had previously decided (Decision No. 2015-WAT-008(b), issued March 20, 2017) that there were special circumstances in this case which warranted an award of costs against the Appellants, jointly and severally. Regarding the quantity of costs, the Board found that the appeal involved matters of ordinary difficulty, and therefore, costs should be awarded based on Scale B of the BC Supreme Court Civil Rules. The Board requested that the Regional Manager and the Participants file claims for their appeal-related costs if they could not reach an agreement with the Appellants regarding the quantum of costs.

Subsequently, the Regional Manager and the Appellants reached an agreement that the Appellants would pay $5,000 to the Regional Manager as full settlement of the Regional Manager’s appeal costs. Accordingly, the Board issued an order to that effect under section 17(2) of the Administrative Tribunals Act.