Nor is there any policy reason why municipalities should be immune from an award of public interest litigation special costs. Municipalities are subject to the Charter, as is evident from this case, because they perform “quintessentially governmental function[s]”: see Godbout v. Longueuil (City), 1997 CanLII 335 (SCC),  3 S.C.R. 844 at para. 51. There is no good reason to distinguish municipalities from other government entitles governed by the Charter in considering whether, in a particular case, public interest litigation special costs are appropriate.
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