In 1996, the province adopted a more generous formula for calculating workers’ comp benefits that applied retroactively but only so far back in time. Two workers getting benefits under the old formula who didn’t get the benefit of the new formula sued claiming that the law was unconstitutional. The litigation dragged on for years and the workers asked the province to pay their legal costs even though the case wasn’t decided. The court said no. Interim legal costs are available from the government but only if the case serves the public interest, it said. This case wasn’t in the public interest, according to the court [Vail v. PEI (Workers’ Comp. Bd.), 2009 PECA 17 (CanLII), July 31, 2009].