The appellants, represented by pro bono counsel, were successful on appeal and sought costs.
The respondents opposed, arguing that pro bono counsel should not receive costs.
The Court of Appeal held that there is no prohibition on awarding costs in favour of parties represented by pro bono counsel in private actions.
The Court recognized 'facilitating access to justice' as a fifth purpose of costs awards.
Costs of $4,500 were awarded to the appellants.
