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.
