On March 18, 2021, Partner Sean Parker and Associate Anna Fitz
presented a webinar on obtaining costs awards at environmental
tribunals, how tribunals award costs, and what sort of factors they
consider. This article discusses the key points raised during the
webinar (which can also be viewed here1) as well as recent developments
that have since taken place.
The basis for awarding costs by an environmental tribunal is
often different from costs awarded by a court. Courts generally
follow the "loser pays" principle, which means that the
party who is unsuccessful in court generally must pay a portion of
the successful party's legal costs.
On the other hand, environmental tribunals often take a
different approach, considering the public interest component of
tribunals' mandates. Environmental proceedings often involve
the weighing of various competing interests and policy
considerations. These proceedings often do not produce judicial
"winners" and "losers", per se.
