P.G. Duffy

Following summary judgment dismissing two civil actions related to a proposed wind project, the successful defendants sought costs on a partial indemnity basis under Rule 57.01 of the Rules of Civil Procedure.

The plaintiffs argued that no costs should be awarded due to alleged novelty of the legal issues, broader public importance, assistance to future litigants, alleged reliance on unsworn materials, and the plaintiffs’ financial hardship.

The court rejected these submissions, holding that the claims were premature and unsupported by the evidentiary record, and that none of the factors justified departing from the usual rule that costs follow the event.

The court emphasized that unsuccessful litigants cannot avoid costs merely because their claims may generate guidance for future cases.

Costs were awarded as claimed by the defendants.

Neighbouring landowners brought actions seeking damages and injunctive relief arising from a proposed wind turbine development, alleging negligence, nuisance, trespass, and strict liability based on anticipated noise, health impacts, and property value loss.

The defendants moved for summary judgment dismissing the claims on the basis that the project had not yet received regulatory approval and had not been constructed.

The court held that the claims were premature because the alleged harms were speculative and no actionable tort had yet occurred.

Pure economic loss arising from public concern about a proposed development was not compensable absent proof of tortious conduct.

The plaintiffs also failed to meet the threshold for a quia timet injunction because there was no high probability that the alleged harms would occur given the ongoing regulatory approval process.