What is the test to apply to a corporate plaintiff?
Yukon, Canada
The following excerpt is from Mao v. Grove, 2019 YKSC 62 (CanLII):
The test to be applied to a corporate plaintiff was stated recently in Freedom TV v. Holland, 2016 YKSC 52, at para. 28, as follows: 1. Does it appear that the plaintiff company will be unable to pay the defendants' costs if the action fails? 2. If so, has the plaintiff shown that it has exigible assets of sufficient value to satisfy an award of costs? 3. Is the court satisfied that the defendants have an arguable defence to present? 4. Would an order for costs visit undue hardship on the plaintiff such that it would prevent the plaintiff's case from being heard?
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