Emma Blanchard

Following the dismissal of the applicant's motion for a stay and the granting of the respondents' motion to strike, the parties could not agree on costs.

The respondents sought partial indemnity costs.

The applicant argued that no costs should be awarded as this was public interest litigation.

The court held that the public interest nature of the case did not exempt the applicant from costs rules, especially given the voluminous record and the significant economic interests at stake.

The court fixed costs at $35,000 for the proponent and $12,500 for the City, payable by the applicant.

The applicant sought a stay of a zoning bylaw amendment that permitted a Battery Energy Storage System (BESS) in Ottawa, pending its application for judicial review.

The respondents opposed the stay and moved to strike portions of the application and the applicant's affidavit evidence.

The court dismissed the motion for a stay, finding that while there was a serious issue to be tried, the applicant failed to demonstrate irreparable harm and the balance of convenience favoured the respondents.

The court granted the motion to strike in part, striking the challenge to the Municipal Support Resolution as statute-barred, striking portions of the application that impermissibly sought reasonableness review of the bylaw, and striking several affidavits and portions of affidavits that contained impermissible opinion evidence from unqualified laypersons.