Does a petition proceeding constitute public interest litigation where costs should not be awarded against the petitioner?

Considering the circumstances as a whole, I do not think this petition proceeding constitutes public interest litigation where costs should not be awarded against the petitioner. The petitioner, I find, had a direct pecuniary interest in the litigation. Although the petition was far from frivolous, the respondent had before the hearing indicated that it would include in any disclosure to the municipality a letter from the petitioner’s counsel. Although none of the parties were able to provide any relevant authority beyond the Chubb v. Saanich, [1996] B.C.J. No. 218 decision, I am not persuaded that this case was in the nature of a test case.