Is a municipality immune from an award of public interest litigation special costs?
British Columbia, Canada
The following excerpt is from Victoria (City) v. Adams, 2009 BCCA 563 (CanLII):
Nor is there any policy reason why municipalities should be immune from an award of public interest litigation special costs. Municipalities are subject to the Charter, as is evident from this case, because they perform “quintessentially governmental function[s]”: see Godbout v. Longueuil (City), 1997 CanLII 335 (SCC), [1997] 3 S.C.R. 844 at para. 51. There is no good reason to distinguish municipalities from other government entitles governed by the Charter in considering whether, in a particular case, public interest litigation special costs are appropriate.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a petition proceeding constitute public interest litigation where costs should not be awarded against the petitioner? (British Columbia, Canada)
Can a public statute, empowering public actors to accomplish public goals, alone give rise to a private duty between those public actors and a particular member of the public? (British Columbia, Canada)
How have special costs been awarded in civil actions where the purpose of the civil action was to silence public opposition? (British Columbia, Canada)
In what circumstances will the Court of Appeal award special costs to a litigant who made an entirely meritless claim? (British Columbia, Canada)
In what circumstances will a judge award a special costs award for an unsuccessful claim? (British Columbia, Canada)
In what circumstances will a party be awarded a special costs award from the Court of Appeal? (British Columbia, Canada)
In what circumstances will special costs be awarded for misconduct in the course of litigation? (British Columbia, Canada)
What is the test for a plaintiff to have to pay the costs of a party who commences a public interest litigation? (British Columbia, Canada)
If a plaintiff has not used an item of service in the past, is it appropriate to include that cost in the future cost award? (British Columbia, Canada)
Can a judge award special costs for a number of trial days, attributable to reprehensible conduct? (British Columbia, Canada)
