What are the costs of a public interest claim?

The Applicant relies upon the decision of Sharpe J. (as he then was) in Mahar v. Rogers Cablesystems Ltd., 1995 CanLII 7129 (ONSC) in his addendum with respect to costs. Sharpe J. considered that it was fair to characterize the proceeding as a public interest suit and he noted that “[w]hile the ordinary cost rules apply in public interest litigation, those rules do include a discretion to relieve the loser of the burden of paying the winner’s costs and that discretion has on occasion been exercised in favour of public interest litigants”. Sharpe J. regarded the issue raised as novel and certainly a matter of public interest. He was satisfied that the application was brought in good faith and for the genuine purpose of having a point of law of general public interest resolved. Sharpe J. concluded that it was appropriate to exercise his discretion with respect to costs in favour of the applicant and to make no order as to costs.