Does a court have the power to order security for costs against an impecunious plaintiff?
British Columbia, Canada
The following excerpt is from Gichuru v. Pallai, 2014 BCSC 2330 (CanLII):
However, exceptions to this general rule exist. In Han v. Cho at para. 27, Madam Justice Dillon observed: The power to order security for costs against an individual is to be exercised cautiously, sparingly, and only under special circumstances, sometimes described as egregious circumstances. Such special circumstances could arise if an impecunious plaintiff also has a weak claim, or has failed to pay costs before, or refused to follow a court order for payment of maintenance.
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