What is the test for an unsuccessful litigant to be excused from paying costs?
Ontario, Canada
The following excerpt is from Lancaster v. Compliance Audit Committee et al., 2013 ONSC 7631 (CanLII):
Several cases[32] have approvingly referred to the following passage from St. James Preservation Society v. Toronto (City),[33] supra, at para. 17: . . . My review of this jurisprudence suggests that the following factors should be considered in determining whether an unsuccessful litigant should be excused from paying costs because it was acting in the public interest: (1) The nature of the unsuccessful litigant. (2) The nature of the successful litigant. (3) The nature of the dispute (the “lis”) – was it in the public interest? (4) Has the litigation had any adverse impact on the public interest? (5) The financial consequences to the parties.
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