Following the dismissal of the applicant's motion for an interlocutory injunction to stay a decision lifting a stop work order, the court determined costs.
The applicant argued it was a public interest litigant and should not pay costs.
The court found the applicant's strategy of narrowing issues to natural justice lacked evidentiary support on the merits and that it was irresponsible to hide behind a lack of funds after asserting it could meet undertaking requirements.
Costs were fixed at $27,000 payable to the developer on a substantial indemnity basis and $5,000 payable to the municipality.
