Is impecunious in a motion for security for costs?
Ontario, Canada
The following excerpt is from Reno Rescue v. Ashton and Vilis, 2019 ONSC 5339 (CanLII):
The homeowners argue that the contractor has failed to prove that it is impecunious. The homeowners argue that a plaintiff facing a motion for security for costs must lead detailed evidence to prove impecuniosity, including the production of all sources of income, a description of all assets and liabilities and details of any assets disposed of or encumbered since the start of the action. (Morton v. Canada (Attorney General), 2005 CanLII 6052, 75 O.R. (3d) 63 (S.C.) at para. 32.) The homeowners argue that the contractor’s evidence in support of his plea of impecuniosity falls short.
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