Costs decision following an application concerning ownership and control of a lakeside promenade shown on a subdivision plan.
The municipality was largely successful in establishing ownership of the land held for the benefit of the public and immunity from claims of adverse possession, though it failed on its argument that the land constituted a public highway and the respondents secured a future trial on laches regarding existing shoreline structures.
The respondents argued that the proceeding constituted public interest litigation and that success was divided.
The court found the municipality to be the more successful party but recognized the respondents’ contribution to resolving a longstanding public dispute and to advancing legal issues affecting public access.
Applying reductions for the public interest component and the respondents’ cooperative conduct, the court substantially reduced the municipality’s recoverable costs.
