In what circumstances will the court consider whether or not to grant a surety in a personal injury case where there is a high risk of flight?
Ontario, Canada
The following excerpt is from R. v. Shahid, 2020 ONSC 6308 (CanLII):
Where – as here – there is a high risk of flight it is critical that the court have a clear understanding of is being pledged, who is pledging it, how other beneficial owners might be affected, and the actual, as opposed to speculative value of the property. The comments of Dunnet J. in Republic of Italy v. Commisso, [2005] O.J. No. 6319 at para. 51 apply here: In my view, there is no trustworthy proof of the amounts proffered by the sureties. There is no credible or documentary evidence to support the estimated value of the properties. Of concern is the fact that the properties are apparently jointly held and, other than a statement by each witness that his wife would support his decision, there was no evidence from any of the spouses regarding their consent to the potential encumbrance of the total equity in their homes or any evidence that they have received independent legal advice.
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