The applicants brought an application against the Toronto District School Board regarding an error in the lottery admission process for Elementary Alternative Schools that excluded equity-deserving students.
The TDSB rectified the error, but the applicants did not understand the rectification steps until reviewing the TDSB's responding materials.
The applicants subsequently abandoned their application and sought costs.
The Divisional Court awarded the applicants $20,000 in costs, finding that the TDSB failed to clearly communicate its solution prior to filing its responding materials, making it reasonable for the applicants to pursue the application until that point.
