What is the current state of the law on security for costs against an impecunious plaintiff?
British Columbia, Canada
The following excerpt is from Michael Wilson & Partners, Ltd. v. Desirée Resources Inc., 2014 BCSC 2055 (CanLII):
It is a well-established that the discretion to order security for costs against an individual is to be exercised cautiously, sparingly and only under special circumstances, sometimes described as egregious circumstances: Han v. Cho, 2008 BCSC 1229 para. 27. In Han the court clarified that special circumstances could arise if an impecunious plaintiff also has a weak claim, or has previously failed to pay costs or refused to comply with a court order for payment of maintenance.
"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
Is security for costs of an appeal cost more readily than security for trial costs? (British Columbia, Canada)
What is the current state of the law on security for costs? (British Columbia, Canada)
What is the current state of the law governing security for costs? (British Columbia, Canada)
Does a court have the power to order security for costs against an impecunious plaintiff? (British Columbia, Canada)
What is the test for securing security for costs against a plaintiff? (British Columbia, Canada)
What is the current state of the law on good faith decisions by a plaintiff to mitigate their loss? (British Columbia, Canada)
What is the current state of the law on costs in family litigation? (British Columbia, Canada)
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
What is the current state of the law in Canada on the issue of differential treatment between male and female security guards? (British Columbia, Canada)
If a plaintiff has not used an item of service in the past, is it appropriate to include that cost in the future cost award? (British Columbia, Canada)
