Can a plaintiff avoid security for costs by proving that a claim is not plainly devoid of merit?
Ontario, Canada
The following excerpt is from Hotbelly Inc. v. Buttar & Sons Inc., 2021 ONSC 8359 (CanLII):
Having satisfied the court of impecuniosity, the plaintiff may avoid an order for security for costs by demonstrating that the claim is not plainly devoid of merit. In this regard the evidentiary threshold is very low (DiFilippo v. DiFilippo, 2013 ONSC 5460 (S.C.J.) at para. 28).
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