What factors will be considered in determining the outcome of a civil case?

Ontario, Canada


The following excerpt is from Lancaster v. Compliance Audit Committee et al., 2013 ONSC 7631 (CanLII):

On the issue of public interest and outcome: “One must not confuse success in the lis and the public interest. The public interest is served simply by the litigation itself”: see St. James Preservation Society v. Toronto (City), 2006 CanLII 22806 (ON SC), 2006 CarswellOnt 4103 (S.C.J.) at para. 25. (i) some other factors to consider

Several cases[32] have approvingly referred to the following passage from St. James Preservation Society v. Toronto (City),[33] supra, at para. 17: . . . My review of this jurisprudence suggests that the following factors should be considered in determining whether an unsuccessful litigant should be excused from paying costs because it was acting in the public interest: (1) The nature of the unsuccessful litigant. (2) The nature of the successful litigant. (3) The nature of the dispute (the “lis”) – was it in the public interest? (4) Has the litigation had any adverse impact on the public interest? (5) The financial consequences to the parties.

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