Can a court order costs of an unsuccessful public interest litigant in a civil matter?
Nova Scotia, Canada
The following excerpt is from Livingston v. Cabot Links Enterprises ULC, 2018 NSSC 256 (CanLII):
In Mounted Police Association of Ontario v. Canada (Attorney General), 2012 ONCA 688, the issue was whether s. 96 of the RCMP Regulations violated s. 2(d) of the Charter of Rights and Freedoms – Freedom of Association. The court held that issues of broad public interest had been raised and ruled there was no rationale for awarding costs in favour of the unsuccessful public interest litigants.
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