Can intervenors be liable for costs in a personal injury action?

Northwest Territories, Canada


The following excerpt is from Hegeman v Carter, 2008 NWTSC 48 (CanLII):

One of the circumstances where an intervenor is not generally liable for costs is when the intervention is done in the public interest, rather than being aimed at advancing the intervenor’s own interests: The general rule is ‘... that a party granted intervenor status in the public interest is, generally, neither entitled nor liable for costs in the matter. Part of the reasoning behind this rule is that it is generally not appropriate to require parties who have initiated litigation to bear the costs of those whom they did not themselves cause to be involved in the litigation. Costs are not awarded against public interest intervenors because the intervention is offered and expected to assist the court. They should not be in jeopardy of a costs order for having voluntarily offered the court their assistance. There are circumstances where a deviation from the general rule is appropriate. Where for example a party intervenes in the public interest but is personally affected by the result more than other members of the public, costs may be awarded to or against that intervenor. [citations omitted] Ritter v. Hoag [2003] A.J. No.579, at paras 3-4.

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