Mr. Chair, I wish to table an amendment to the effect that Bill C-469 be amended by adding after line 31 on page 14 the following new clause 23.1:
23.1(1) The plaintiff bringing an action under subsection 23(1) may only be ordered by a superior court to pay costs if the action is found to be frivolous, vexatious or harassing.
(2) The plaintiff referred to in subsection (1) may be entitled to
(a) counsel fees regardless of whether or not they were represented by counsel; and
(b) an advance cost award upon application to the court if, in the opinion of the court it is in the public interest.
(3) In exercising its discretion with respect to costs related to an action under subsection 23(1), a superior court may consider any special circumstance, including whether the action is a test case or raises a novel point of law.