Following dismissal of an application under the Municipal Conflict of Interest Act as out of time, the court determined the appropriate costs award.
The applicant argued the matter was public interest litigation and that no costs should be awarded.
The court held that applications under the Act do not attract a blanket public interest exception and that unsuccessful applicants may be ordered to pay costs.
Although the respondents sought substantial indemnity or significant partial indemnity costs, the court found the claimed hours excessive and declined to award enhanced costs.
Costs were fixed at a reduced all-inclusive amount reflecting reasonableness and access to justice considerations.
