Following the granting of summary judgment dismissing the plaintiff’s nuisance claim, the court determined the appropriate costs award.
The plaintiff argued that the action constituted a public interest test case and sought an order that no costs be awarded.
The court rejected that characterization, finding the litigation primarily advanced the plaintiff’s private economic interests and did not qualify as public interest litigation warranting relief from the usual costs rule.
Applying the partial indemnity principle and considering the parties’ circumstances and prior offer to settle, the court fixed costs payable by the unsuccessful plaintiff.
The plaintiff was ordered to pay the defendant $24,767.02 in costs on a partial indemnity basis, plus HST.