What is the test for a departure from the ordinary costs rule?
British Columbia, Canada
The following excerpt is from Orchiston v. Formosa, 2014 BCSC 2072 (CanLII):
They say that the importance of the issues in the case did not extend beyond the immediate parties and that there was no public interest or purpose to be served by the litigation given that the funds paid out under the impugned loans had been repaid. In their submission, a subjective belief on the part of the petitioners that they were acting in the public interest is insufficient to transform the case into public interest litigation warranting a departure from the ordinary costs rule: Suman v. Invermere (District), 2014 BCSC 160 at para. 13.
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