C charged w/ minor traffic offence. C argues that proceeding is null bc all docs are only in English and he as right to have proceedings in French. Special cases were court can order opposing party to pay the other party’s costs in advance (Little Sisters 2).
AB court awards interim costs. Crown appeals the judgment saying it is not a case that would attract interim costs – CA and SCC uphold interim costs award
Can an interim cost order be ordered in this case?
Test for interim costs: 3 factors, with a caution at the end:
1. Ensure the litigant cannot pay for the case and no other realistic options exist for bringing the issue to trial – ex all other funding options exhausted
**Demonstrate person is impecunious
2. The claim prima facie has merit
**This case Crown argument - brought up similar con challenges - BUT court says those decisions were not determinative for C
3. Case is of public importance
**An unresolved issue that transcends indiv interests
***In this case it is in interests of all Albertans bc it could jeopardize the constitutionality of all statutes in AB
(Caution) Must be sufficiently special
**This is in the eye of the beholder
**Leaving this flexible may be bc court doesn’t want to confine the courts discretion
Appeal dismissed – Crown must pay the interim costs