Public interest litigation and costs

Where litigation is brought in the public interest and the parties acted reasonably, especially where there is government as parties, costs may not be awarded against an unsuccessful party. An example of that is today's decision in Abdoulrab v. Ontario (Labour Relations Board), 2009 ONCA 639 where the Court holds:

[6] Nevertheless, the appeal did raise for the first time in this court the interpretation of s. 4 of the Employment Standards Act, which is a matter of broad public interest. The Divisional Court ordered that there would be no costs of the appeal before it on this basis.

[7] There will be no order as to costs.