Ontario Civil

Civil Practice and Procedure


Particular orders as to costs

No costs awarded where litigation properly seen as public interest

Court dismissed application by various parties, alleging conflict of interest on part of respondent chamber of commerce members. Members sought costs of application in amount of $43,400.42. Applicants claimed there should be no costs, due to public interest nature of litigation under applicable municipal law. Costs submissions made by both parties. No costs were awarded. Litigation was properly seen as public interest. Applicants had no personal or pecuniary interest in litigation. Although unsuccessful, litigation had merit and raised important issues. Members were not successful in defending all of their positions. Applicants made reasonable offer to settle, while members' offer was only for applicants to have action dismissed without costs. Given all circumstances, no order as to costs was appropriate costs decision.

COOPER ET AL v. WIANCKO ET AL (2018), 2018 CarswellOnt 5020, 2018 ONSC 1654, Healey J. (Ont. S.C.J.); additional reasons (2018), 2018 CarswellOnt 676, 2018 ONSC 342, Healey J. (Ont. S.C.J.).

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