The City of Ottawa sought costs of a motion brought by the appellants to set aside an order refusing leave to appeal an Ontario Municipal Board decision.
The appellants argued they should be excused from paying costs as public interest litigants.
The Divisional Court rejected this argument, finding that the motion to set aside was totally without merit and effectively sought to reargue the leave motion, which did not constitute public interest litigation.
Costs were awarded to the City of Ottawa fixed at $5,000 on a partial indemnity basis.
