Mr. V. Popescu

Following the dismissal of its application challenging a COVID-19 business closure order, the applicant argued it should not pay costs because it was a public interest litigant raising novel issues.

The court rejected this argument, finding the applicant litigated for its own financial interests and the statutory interpretation issues were not novel.

The court also held that the Health Unit, having been added as a party on consent, was entitled to costs.

The applicant was ordered to pay partial indemnity costs of $35,000 to the Attorney General and $20,000 to the Health Unit.

The plaintiff moved to amend its statement of claim to continue the action under the simplified procedure.

The defendants did not oppose the amendment but sought costs unnecessarily incurred under Rule 76.13.

The court previously awarded these costs and reserved the costs of the motion itself.

In this decision, the court determined the quantum of costs for the successful defendant, Concrete Walls, fixing them at $10,000 plus HST on a partial indemnity basis.