The developer brought a motion for security for costs against a non-profit corporation seeking judicial review of a Conservation Authority decision approving a residential subdivision.
The corporation argued it was a public interest litigant and that an order for security would terminate the litigation.
The court found the corporation had insufficient assets to pay costs and rejected the public interest litigant argument, noting the litigation primarily concerned a localized neighbourhood dispute rather than a broader public interest.
The court ordered the corporation to post $20,000 as security for costs.
