Law360 Canada ( May 14, 2018, 12:53 PM EDT) -- Appeal by the Band from the decision of the Environmental Review Tribunal refusing the Band’s request for costs. The Band owned territory four kilometres downstream from the subject landfill site and was permitted to intervene as a party in the proceeding. The Band fully participated in the 19-day hearing and presented evidence through two expert witnesses. The Tribunal made various orders with respect to water quality monitoring and testing. The Band sought $445,000 costs. The Band argued it was unreasonable for the respondent to require a hearing. The Tribunal found there was no unreasonable conduct and the respondent was entitled to mount a defence. The Tribunal considered the Band’s status as a First Nation community but found that, at the first stage of the costs analysis, it was no different than any other party. The Band sought review and the review panel found the Tribunal did not find the Band was no different than any other party, but that it was not in a different position than other parties at the first stage of analysis. The review panel found that, even if it considered the Band’s general circumstances, it failed to show the costs panel should have reached a different decision. The Band argued the Tribunal erred in law in failing to recognize the Polluter Pays principle and the decision not to award it costs was unreasonable....