In Society for the Preservation of the Englishman River Estuary v. Nanaimo (Regional District), [1999] B.C.J. No. 370 (S.C.), Macaulay J. held that a private litigant without a special interest lacks the standing to enforce a statutory regime of general application. In that case, Macaulay J. took “the special role of the Attorney General into account when applying the Borowski principles on an application for public interest standing”. He concluded in para. 54, in part, as follows: The public generally, and the respondents particularly are entitled absent perhaps exceptional circumstances such as negligence or bad faith, to have public officials rather than private parties make decisions respecting the enforcement of public statutes.
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