Z. Maladwala

Following an appeal, the intervener Working Families Coalition (Canada) Inc. sought costs of the appeal.

The intervener had been granted leave to intervene before the Divisional Court on the condition that it would not seek costs and no costs would be awarded against it.

The Court of Appeal dismissed the request, finding that the intervener was bound by the original order and that allowing it to seek costs after learning the appeal's outcome would be fundamentally unfair to the appellants.

No costs were awarded to the intervener.

The appellants sought judicial review of the Chief Electoral Officer's decision not to report an alleged contravention of the Election Finances Act to the Attorney General, and his decision to register a third party during the 2007 provincial election.

The Divisional Court dismissed the application, finding the first decision was not subject to judicial review and the second was moot.

The Court of Appeal upheld the Divisional Court's decision, concluding that the Chief Electoral Officer's actions did not determine legal rights and were analogous to a police officer refusing to lay a charge.

The Court also found no error in the Divisional Court's discretionary decision to dismiss the third-party registration issue on grounds of mootness.