Red Chris Development Company Ltd. V. Quock, 2015 BCSC 589
In this case, the British Columbia Supreme Court awarded costs against members of an Aboriginal group arising out of their illegal blockade of the plaintiff's mine.
Red Chris sought special costs arising out of its successful application for an injunction and enforcement order to restrain the defendants from blockading access roads to Red Chris' mine. The same individuals had previously blockaded the same mine access road and had a history of disobeying injunctions in the absence of enforcement orders.
The Court rejected the defendants' argument that costs should not be awarded because the defendants were public interest litigants. While Red Chris' mining operation and attendant environmental impact on the defendants' traditional Aboriginal territorial may well be publically important matters, the defendants' illegal blockade of the access roads was not. The Court noted that public interest is relevant to costs when the public interest is properly pursued in litigation and not when it is pursued through self-help remedies. Ultimately, the Court awarded costs but refused to award special costs, holding that the conduct did not rise to the level of "reprehensible" and general costs would be a sufficient deterrent.
To a similar effect, see Gagne v. Sharpe, 2015 BCSC 154, where the Court confirmed that private parties will only be made to bear special costs in public interest litigation in very exceptional circumstances.
To view the original article, please click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.