A B.C. Supreme Court judge has awarded a group of Surrey residents ordinary costs for court proceedings in their 2022 court fight against the City of Surrey over the constitutionality of its signs bylaw, but he declined to grant the petitioners91裸聊视频� application for special costs.

91裸聊视频淚 am simply not persuaded that this dispute transcended partisan politics and personal animus or that it was not possible to pursue the litigation with private funding,91裸聊视频� Justice Nigel Kent concluded.

91裸聊视频淧rincipally,91裸聊视频� he decided, 91裸聊视频渢his is not a truly 91裸聊视频榚xceptional91裸聊视频� matter of public interest.91裸聊视频�

Kent rendered his decision in Vancouver on Oct. 20, related to Kaps v. Surrey (City). The petitioners were Annie Kaps, Debi Johnstone, Colin Pronger, Ivan Scott, Merle Scott, and Linda Ypenburg, all members of Keep the RCMP in Surrey.

The six residents in 2022 challenged the constitutionality of amendments to a City of Surrey bylaw which were approved in 2021, arguing they prohibited displaying political signs on private property.

Following the trial in Vancouver in 2022, Kent ordered the city to amend the 91裸聊视频減oorly drafted91裸聊视频� amendments to the bylaw to eliminate ambiguity which he found arose from the definition of a political sign extending past city, provincial or federal elections 91裸聊视频渢o also include political 91裸聊视频榠ssues91裸聊视频� generally,91裸聊视频� with the result of capturing signage related to such things as 91裸聊视频淜eep the RCMP in Surrey91裸聊视频�, 91裸聊视频淪ave the Whales91裸聊视频�, 91裸聊视频淪top Logging Old Growth Forests91裸聊视频�, 91裸聊视频淕et Vaccinated91裸聊视频� and the like.

During the trial lawyer Kevin Smith, representing the plaintiffs, argued that the bylaw as amended on Oct. 18, 2021 presented an unconstitutional infringement on the petitioners91裸聊视频� freedom of expression under Canada91裸聊视频檚 Charter of Rights and Freedoms. Smith argued that the mayor at the time 91裸聊视频� Doug McCallum 91裸聊视频� and his supporters aimed to 91裸聊视频渟ilence the opposition of the petitioners.91裸聊视频�

Matthew Voell, the lawyer representing the City of Surrey, argued during the 2022 trial that the contentious bylaw amendments were driven by city staff recommendations, and 91裸聊视频渘ot driven by animus, by council, by the mayor.91裸聊视频�

91裸聊视频淭here was no improper purpose there,91裸聊视频� Voell argued. 91裸聊视频淭he petition should be dismissed. The petitioners appear to want change in the city 91裸聊视频� they can effect change at the ballot box.91裸聊视频�

At trial, the petitioners sought a declaration from Kent that the amendments were inconsistent with the Canadian Charter of Rights and Freedoms and that they be declared of no legal force or effect or be quashed altogether.

91裸聊视频淚 deny the substantive relief that the petitioners seek,91裸聊视频� Kent declared at the end of that trial. 91裸聊视频淗owever, I agree that the amendments were poorly drafted and that clarity of ambiguity is required. Accordingly, I grant interim relief and direct Surrey city council to further amend the Surrey Sign Bylaw to clarify its intended effect and to eliminate the said ambiguity.91裸聊视频�

Kent noted in his subsequent related to awarding costs that the Supreme Court of Canada decided special costs should be awarded in the context of public interest only when certain conditions are met.

91裸聊视频淔irst, the case must involve matters of public interest that are truly exceptional. It is not enough that the issues raised have not previously been resolved or that they transcend the individual interests of the successful litigant: they must also have a significant and widespread societal impact,91裸聊视频� the judge noted.

91裸聊视频淪econd, in addition to showing that they have no personal, proprietary or pecuniary interest in the litigation that would justify the proceedings on economic grounds, the plaintiffs must show that it would not have been possible to effectively pursue the litigation in question with private funding. In those rare cases, it will be contrary to the interests of justice to ask the individual litigants (or, more likely, pro bono counsel) to bear the majority of the financial burden associated with pursuing the claim,91裸聊视频� he added.

Kent said he found no basis in which the City of Surrey91裸聊视频檚 conduct could be said to have engaged a public interest91裸聊视频攎uch less an 91裸聊视频渆xceptional91裸聊视频� public interest 91裸聊视频� that had 91裸聊视频渁 91裸聊视频榮ignificant and widespread societal impact91裸聊视频� outside of this local political context.91裸聊视频�

Kent accepted the city91裸聊视频檚 91裸聊视频渂enign intent of the bylaw amendments91裸聊视频� and found the petitioners91裸聊视频� claims of 91裸聊视频渂ad faith or an improper purpose91裸聊视频� hadn91裸聊视频檛 been proven in this 91裸聊视频渞ather unusual91裸聊视频� case.

While the city 91裸聊视频渨as clearly not the successful party in this proceeding,91裸聊视频� the judge noted, the petitioners had 91裸聊视频渁ppropriately sought judicial review of the Surrey Sign By-law amendments in the circumstances and obtained a remedy, albeit one that neither party anticipated91裸聊视频� and were 91裸聊视频渢hus the substantially successful litigants and are entitled to costs of the proceeding.91裸聊视频�