Does the respondent have to consider whether the respondent has a capacity to bear the costs of an application?
British Columbia, Canada
The following excerpt is from Suman v. Invermere (District), 2014 BCSC 160 (CanLII):
The respondent asserts that while this is a factor to consider, there is no presumption in favour of excusing a public interest litigant from costs consequences. In Hastings Park Conservancy v. Vancouver (City), 2007 BCSC 147, Madam Justice Dorgan noted at para. 10 that while the City had the capacity to bear the costs of the application; it depended entirely on the tax payer for its financial resources. A costs award merely shifted the burden from one group of concerned citizens to all the citizens in Vancouver.
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