Following the dismissal on October 2, 2008 of our application for a judicial review of an OMB decision, lawyers for the City of Ottawa and the developers of Findlay Creek Village demanded partial compensation for their costs of having had to face the Greenspace Alliance before the Ontario Divisional Court in its fight to save Leitrim Wetland.
The City wants compensation for 30 hours of work ($5,120) and lawyers for the Tartan, Taggart and Tamarack-related companies submitted detailed cost statements amounting to over $122,000 but reduced their demand to $67,217.
Our legal counsel at Ecojustice made a strong submission in reply. Put simply, it argued that modern jurispridence opts for no cost awards against public interest groups provided a) the matter is of broad social significance, and b) they have no pecuniary interest in the outcome. The submission sets out how this case fully meets those conditions. Read the full submission here. The key Court decision is Incredible Electronics (2006).
On November 4, the Alliance issued a media release in English et en Français, decrying this demand for costs. Copies went to all members of Council and others.