What is the test for obtaining security for costs in an action?
Ontario, Canada
The following excerpt is from Monk Development Corporation v CVC Ardellini Investments Inc., 2016 ONSC 1778 (CanLII):
Second, if the defendant has succeeded at the first stage, the onus then shifts to the plaintiff to demonstrate that an order for security for costs would be unjust, by either demonstrating that it is impecunious and justice demands that it should be permitted to continue with the action, or by demonstrating that the plaintiff has sufficient assets to respond to a costs order. See Sadat v. Westmore Plaza Inc., [2013] O.J. No. 309, para. 20.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will a court order that the parties of a child separation action be liable for the costs of the children's separation costs? (Ontario, Canada)
Does a plaintiff have to pay the costs of preparing a Bill of Costs and costs submission in a personal injury case? (Ontario, Canada)
If costs cannot be agreed upon by counsel for the Respondent and the Applicant in a personal injury action, what is the date for costs? (Ontario, Canada)
What is the test for security for costs in an action brought by a plaintiff against the government? (Ontario, Canada)
Is it possible for a shareholder-plaintiff in an oppression action to continue the action without paying interim costs? (Ontario, Canada)
What is the range of security for costs in a personal injury action? (Ontario, Canada)
In a condominium corporation action, can the court award only partial indemnity costs or no costs to the successful party? (Ontario, Canada)
What is the procedure for obtaining costs from a party seeking to obtain an Order of Appeal for the release of this Endorsement? (Ontario, Canada)
Can an action be struck for failure to pay security for costs? (Ontario, Canada)
What are the costs of a personal injury action brought by the Evans family? (Ontario, Canada)
