The applicant commenced a Charter challenge against an Ontario regulation that terminated OHIP funding for sex reassignment surgery.
After years of complex litigation and shortly before the hearing on the merits, the government repealed the impugned regulation, rendering the application moot.
The applicant sought her costs thrown away.
The court held that the applicant was substantially successful in achieving her goal through the policy change and awarded her partial indemnity costs fixed at $200,000, noting the importance of not penalizing pro bono counsel in public interest litigation.
