Availability Of Cost Awards In The Human Rights Context

Courts in Canada, including those in Alberta, British Columbia, and Ontario, will generally award a successful party a portion of their incurred legal fees – referred to as "costs." Cost awards can be significant and are therefore a useful tool to deter frivolous and vexatious litigants.

Notwithstanding the clear utility that these awards have, their availability changes in the human rights context. Specifically, each Canadian jurisdiction has different rules governing if, or when, a tribunal can award costs. For example, while some provincial and territorial human rights legislation offers discretion to award costs, others limit these awards to instances involving only egregious conduct. In further contrast, certain provincial human rights legislation is entirely silent on cost awards.