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Unsuccessful public interest litigants awarded partial costs for advocating on behalf of disabled adults.
The applicants sought partial indemnity costs following the dismissal of their application for judicial review regarding the closure of two long-term care institutions.
Although unsuccessful on the main issue of the Minister's statutory power to close the facilities, the applicants achieved partial success on the issue of consent for relocating residents.
The Divisional Court awarded the applicants a portion of their costs, emphasizing the importance of access to justice and the applicants' role in advocating for the fundamental interests of approximately 1,000 severely disabled adults.
Minister has authority to close developmental facilities, but substitute decision maker consent required for resident transfers.
The applicants, litigation guardians for severely developmentally delayed adults residing in Schedule I facilities, sought judicial review of the Minister of Community and Social Services' decision to close the remaining institutions.
The applicants argued the Minister lacked statutory authority under the Developmental Services Act to close the facilities.
The Divisional Court held that the Minister's broad discretionary power to establish and maintain facilities included the power to close them.
However, the Court declared that the consent of the incapable residents' substitute decision makers is required before they can be transferred to community placements, invoking the parens patriae jurisdiction to protect their fundamental interests.
