Following dismissal of a motion to extend an interim injunction relating to demolition of a historic school building and the discontinuance of a related judicial review application, a respondent school board sought costs against the applicant.
The applicant argued he was a public interest litigant acting to preserve a heritage building under the Ontario Heritage Act.
The court reviewed the principles governing costs against public interest litigants and applied factors including lack of personal financial interest, the broader public importance of heritage preservation, and the litigant’s good‑faith conduct.
The court concluded the applicant qualified as a public interest litigant and had not acted vexatiously or abusively.
Consistent with the usual approach in public interest litigation, the court declined to order costs.
