A costs decision following an application under the Municipal Conflict of Interest Act concerning alleged conflicts of interest by a municipal official.
The successful party sought partial indemnity costs exceeding $394,000.
The court considered whether the unsuccessful applicant should be relieved from a costs award on the basis that the litigation was brought in the public interest, applying the factors from St. James’ Preservation Society v. Toronto (City).
The court concluded the litigation was not genuine public interest litigation, noting partisan political motivations and the limited practical significance of the application.
Considering divided success on several substantive issues and the need to balance deterrence of frivolous litigation against discouraging citizens from seeking public office, the court reduced the claimed amount and awarded $170,000 in costs.
