Who should pay the costs, when a public interest intervenor
succeeds before an administrative tribunal? The Alberta Environmental Appeals Board
awarded an intervenor $76,067, payable by the Town of Turner
Valley. Ms. Walsh, who lives on a disability pension, had persuaded
Alberta Environment and the Board to require additional monitoring
of a municipal drinking water reservoir, over the opposition of the
municipality. Her work "resulted in a better Amending
Approval, one that will ensure the protection of the water supply
for all of the Town's citizens."
Both parties to Walsh v. Director were likely
disappointed with the result. Ms. Walsh had sought costs of
$368,207 against the Town; the Town sought a costs award of
$304,517 against Ms. Walsh. The Town got nothing, because its costs
were properly related to its own application for a approval. The
doubts raised by Ms. Walsh were justified, since the Town had
chosen to put its reservoir in an area formerly used for oil
