The applicant municipality successfully obtained an interlocutory injunction to prevent the respondents from blockading various development sites and successfully defended a motion to quash its by-laws.
The applicant subsequently sought its costs of the proceedings.
The respondents argued they were public interest litigants and that costs should be in the cause or paid by the province.
The court rejected these arguments, finding the respondents' unlawful conduct necessitated the litigation and they were not acting in the public interest.
The court awarded the applicant costs fixed at $350,000, significantly reducing the $887,000 claimed due to duplication, excessive time, and the exclusion of costs for a court-ordered consultation process.
