TORONTO, ONTARIO – OMB Member Jan Seaborn dismissed a request for legal costs made by a developer against a public citizens group and Gilbert’s LLP this evening.
The developer, Kimvar Enterprises Inc., had asked the OMB to order the Innisfil District Association, Nextnine Limited and 2025890 Ontario Inc. as well their lawyers, Gilbert’s LLP, Tim Gilbert and David Donnelly to pay $3.2 million in legal costs. The request related to an OMB hearing seeking approval for a resort development at Big Bay Point on Lake Simcoe. The developer won the hearing in 2007 but nevertheless sought costs against the parties and their lawyers.
“We agree with the Board that costs cannot be used as a threat to deter public participation” said Tim Gilbert, founding partner of Gilbert’s LLP, “We are delighted that the Board has dismissed this case and vindicated our clients and Gilbert’s LLP. The Board recognized the substantial public interest impact of a cost award on future participation in OMB proceedings.”
Ms. Seaborn found that “the claim is unprecedented and … an award of costs anywhere near the amount requested would create a chilling effect.” Specifically, she found that neither the parties nor Gilbert’s LLP put forward a case which was unreasonable, frivolous, vexatious or in bad faith meriting an award of costs.
Gilbert’s LLP is a law firm located in the Flatiron Building in Toronto focusing on litigation and complex cases. Further information about the firm can be found at
To view the judgment please go to
Contacts: Gilbert’s LLP Tim Gilbert (416) 727-5041 Email:



© MarketWire 2009