What is the legal test for relieving unsuccessful parties of costs when their case is novel or a matter of public interest?
Ontario, Canada
The following excerpt is from Deluca v. Bucciarelli, 2021 ONSC 32 (CanLII):
Courts have exercised their discretion to relieve unsuccessful parties of the obligation to pay costs when their case is novel or a matter of public interest. Typically, a matter of public interest involves a matter which is significant not only to the parties but to the broader community as a whole: see Guelph v. Wellington-Dufferin-Guelph, 2011 ONSC 7523. at paras. 25-35. Analysis Novel Issue or Public Interest
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