What is the test for obtaining a security for costs order under Queen's Bench Rule 56.01?
Manitoba, Canada
The following excerpt is from Stewart v. 6551450 Manitoba Ltd. et al., 2021 MBQB 76 (CanLII):
The application of Queen’s Bench Rule 56.01 is a two-stage process. At the first stage, the party seeking an order for security for costs must establish one of the grounds enumerated in the rule. Where that has been established, the onus then shifts to the plaintiff to demonstrate that an order for costs would not be just in the circumstances. (Lindsay v. Hy-line Credit Union Limited et al., 2003 MBQB 259)
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