In what circumstances will the respondent be awarded special costs in the case of the petitioner’s application for an OCP and subsequent bylaws?

British Columbia, Canada


The following excerpt is from Pettersen v. Prince George (City), 2014 BCSC 792 (CanLII):

Finally, the respondent argues that in the event that the petitioner is successful he should not be awarded special costs. The respondent argues that the evidence discloses that the petitioner has a personal lifestyle interest and a pecuniary interest in the outcome of this litigation. The factors for special costs are set out in Schlenker v. Torgrimson, 2013 BCCA 395. The respondent also says the concept of OCPs and subsequent bylaws being consistent with one another has been thoroughly litigated in British Columbia and the legal principles are well-established in Sevin.

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