Does a petition proceeding constitute public interest litigation where costs should not be awarded against the petitioner?
British Columbia, Canada
The following excerpt is from J.B. v. Association of Professional Engineers and Geoscientists of British Columbia, 2015 BCSC 2151 (CanLII):
Considering the circumstances as a whole, I do not think this petition proceeding constitutes public interest litigation where costs should not be awarded against the petitioner. The petitioner, I find, had a direct pecuniary interest in the litigation. Although the petition was far from frivolous, the respondent had before the hearing indicated that it would include in any disclosure to the municipality a letter from the petitioner’s counsel. Although none of the parties were able to provide any relevant authority beyond the Chubb v. Saanich, [1996] B.C.J. No. 218 decision, I am not persuaded that this case was in the nature of a test case.
"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
Is a municipality immune from an award of public interest litigation special costs? (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)
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)
In what circumstances will the Court award special costs in a family law proceeding? (British Columbia, Canada)
Is security for costs of an appeal cost more readily than security for trial costs? (British Columbia, Canada)
In what circumstances will special costs be awarded for misconduct in the course of 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)
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 a judge award a special costs award for an unsuccessful claim? (British Columbia, Canada)
Does Rule 14-1(9) stipulate that costs must be awarded to the successful party in a proceeding? (British Columbia, Canada)
