Abbotsford (City) v. Shantz

Abbotsford (City) v. Shantz

Full indemnity and special costs were declined. DWS and Shantz achieved the principal 'event' (partial declaration under s.52 permitting overnight sheltering and s.7 breach for specified bylaw provisions) but the case did not meet the high Carter threshold for full indemnity nor the reprehensibility threshold for special costs. On the facts and complexity of the litigation the court awarded one set of costs for the successful parties in the DWS Action at Scale C of Appendix B increased to 1.5 times unit values, with reasonable disbursements, to be assessed by the Registrar; in the City Action costs were each party to bear their own costs.

Citation
2016 BCSC 2437
Parties
Plaintiff (s156820); Defendant (s159480): City of Abbotsford; Plaintiff (s159480); Public Interest Litigant: British Columbia/Yukon Association of Drug War Survivors; Defendant (s156820); Co Applicant for Costs: Barry Shantz; Defendants: John Doe and Jane Doe and Other Persons Unknown Erecting, Constructing, Building or Occupying Tents, Shelters or Other Constructions on the Land Known as Jubilee Park, Abbotsford, British Columbia
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 December 2016
Procedural Posture
Consolidated Constitutional Challenge to Municipal Bylaws and Injunction Actions; Costs Application / Post Trial Costs Hearing and Supplementary Reasons (reasons for Judgment on Costs)
Outcome
Application for full indemnity costs and for special costs dismissed; award of increased costs granted to DWS and Shantz in the DWS Action; costs in the City Action reserved with each party to bear their own costs.
Legal Topics
Section 7 Charter, Public Interest Litigation, Costs Awards, Special Costs, Injunctions, Standing, Bylaw Enforcement, Homelessness Policy
Source Language
English
Constitutional Law Municipal Law Administrative Law Civil Procedure Charter Law Section 7 Charter Public Interest Litigation Costs Awards +5 more

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Parties

City of Abbotsford

Plaintiff (s156820); Defendant (s159480)

British Columbia/Yukon Association of Drug War Survivors

Plaintiff (s159480); Public Interest Litigant

Barry Shantz

Defendant (s156820); Co Applicant for Costs

John Doe and Jane Doe and Other Persons Unknown Erecting, Constructing, Building or Occupying Tents, Shelters or Other Constructions on the Land Known as Jubilee Park, Abbotsford, British Columbia

Defendants

Procedural Posture

Consolidated Constitutional Challenge to Municipal Bylaws and Injunction Actions; Costs Application / Post Trial Costs Hearing and Supplementary Reasons (reasons for Judgment on Costs)

Legal Issues

  1. 1 Whether impugned municipal bylaws violated s.7 (and s.2/s.15) of the Charter and should be declared of no force and effect
  2. 2 Whether DWS/Shantz qualified for full indemnity costs as public interest litigants under Carter/Okanagan
  3. 3 Whether special costs for reprehensible conduct by the City were warranted under Garcia

Ratio Decidendi

Full indemnity and special costs were declined. DWS and Shantz achieved the principal 'event' (partial declaration under s.52 permitting overnight sheltering and s.7 breach for specified bylaw provisions) but the case did not meet the high Carter threshold for full indemnity nor the reprehensibility threshold for special costs. On the facts and complexity of the litigation the court awarded one set of costs for the successful parties in the DWS Action at Scale C of Appendix B increased to 1.5 times unit values, with reasonable disbursements, to be assessed by the Registrar; in the City Action costs were each party to bear their own costs.

Court Disposition

Application for full indemnity costs and for special costs dismissed; award of increased costs granted to DWS and Shantz in the DWS Action; costs in the City Action reserved with each party to bear their own costs.

Orders

  • Declined to award full indemnity costs to British Columbia/Yukon Association of Drug War Survivors and Barry Shantz
  • Declined to award special costs against the City