On February 4, 2011, the Supreme Court of Canada ("SCC") reasserted its support for interim costs in relation to public interest litigation in R v Caron, 2011 SCC 5. In this case, the SCC had to determine for the first time whether a superior court could grant interim costs in favour of litigants participating in proceedings […]
With the winding up of the Court Challenges Program and the decision of the Supreme Court of Canada ("SCC") in Little Sisters Book and Art Emporium v Canada (Commissioner of Customs and Revenue), 2007 SCC 2, it may be a good time to highlight some concerns related to our courts' practices in awarding costs. Our current […]
In his recent comment on The Court, Tom Schreiter is right to draw a link between the decision in Little Sisters Book and Art Emporium v Canada (Commissioner of Customs and Revenue), 2007 SCC 2 [Little Sisters 2], and the recent decision to cut funding for the Court Challenges Program. Both decisions stopped important Charter cases in […]