Klowak

Following an unsuccessful application for judicial review regarding mill closures, the applicants argued that no costs should be awarded due to the public interest nature of the litigation.

The court rejected this argument, noting the applicants had a personal and pecuniary interest in the outcome.

The court awarded costs to the successful respondents, fixing the Ministry's costs at $22,368.68 and reducing Domtar's claimed costs to $12,000 to account for duplication of work among the respondents.

The applicants sought judicial review and an order of mandamus to compel the Minister of Natural Resources to require public consultation and amendments to Forest Management Plans before two forestry companies could restructure their operations, close certain sawmills, and redirect wood supply.

The Divisional Court dismissed the application, finding that the Plans regulate forest operations and sustainability, not the processing of harvested wood at specific mills.

As the restructuring did not change the forest operations or impact sustainability, no Plan amendments or public consultations were required under the Crown Forest Sustainability Act.