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

British Columbia, Canada


The following excerpt is from J.B. v. Association of Professional Engineers and Geoscientists of British Columbia, 2015 BCSC 2151 (CanLII):

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.

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