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CIVIL PROCEDURE - Assessment or fixing of costs - Particular circumstances

Law360 Canada ( August 17, 2026, 9:44 AM EDT) -- Appeal by appellants from an order granting trial costs to the Attorney General of British Columbia (Attorney General) following litigation challenging the constitutionality of provisions of the Medicare Protection Act. The trial, described as prodigiously lengthy and complex, resulted in dismissal of the appellants’ Canadian Charter of Rights and Freedoms claims, which was upheld on appeal. The judge applied the normal costs rule that costs follow the event and awarded costs to the Attorney General. The appellants argued that the judge erred in principle by misapprehending facts about their revenues and profits, allowing that misapprehension to affect her analysis of the Guide Outfitters factors governing public interest litigation costs, and by considering an irrelevant factor, namely the overall efficiency of the litigation. The Attorney General submitted that the judge did not misapprehend the evidence, properly applied the Guide Outfitters factors, and exercised her discretion appropriately. The issue was whether the judge erred in concluding that the normal costs rule was suitable in the circumstances....
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