Costs denied against unsuccessful applicants due to their limited means and the public interest nature of the litigation.
The corporate respondents sought costs of $32,950.29 on a partial indemnity basis following their success on an application for judicial review.
The applicants, represented by community legal clinics, argued no costs should be awarded as the application raised an issue of public interest regarding the related employer provisions of the Employment Standards Act.
The Divisional Court declined to award costs, finding the applicants were individuals of limited means who brought the application in good faith to enforce protective legislation, and the case raised an issue of importance for other vulnerable employees.
Abdoulrab et al. v. Ontario Labour Relations Board et al., 2008 ONSCDC 6873
