What is the evidentiary onus on the responding party to impecuniosity?
Ontario, Canada
The following excerpt is from Sandella’s Franchising LLC v. Fuller Landau et al., 2013 ONSC4418, 2013 ONSC 4418 (CanLII):
Similarly, where impecuniosity cannot be established, the evidentiary onus on the responding party is very high, as is the level of financial disclosure expected. As I stated in Elliott v. Turbitt [2011] OJ No. 3116: Where impecuniosity cannot be established and the respondent relies, instead, on hardship, again, it is up to him to demonstrate it with solid evidence, not simply a bald statement to that effect. A court must be able to review and assess the strength of the statement in the context of that person’s financial reality.
Thus, in Pritchard v. Advante Solutions Inc.¸ [2005] OJ No. 2718, the master found against a responding party who sought to rely on his financially precarious position to avoid having to post security. In reviewing what little evidence was provided, the master concluded: Finally, he does not say that if he must post security this action will come to a halt, only that it “may” affect his ability to continue.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is Rule 2.02 of the Rules of Civil Procedure applicable to Respondent Respondents to Respondents Respondents? (Ontario, Canada)
What is the test for establishing that the responding party (the responding party) will not be prejudiced by the severance? (Ontario, Canada)
What is the evidentiary burden on a responding party in a motion for summary judgment? (Ontario, Canada)
If the parties cannot agree on the issue of costs in a personal injury action, can the parties make written submissions to the Respondent to the Application to the Court of Appeal? (Ontario, Canada)
What is the evidentiary burden placed on a responding party to support its position that a genuine issue does not exist? (Ontario, Canada)
What is the evidentiary onus on the responding party in a motion for summary judgment? (Ontario, Canada)
What is the factor considered in determining whether a delay in responding to an application is prejudice to responding parties? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
What is the evidentiary burden on a responding party in a Rule 20 summary judgment motion? (Ontario, Canada)
Is it possible for a party seeking to impute income to get to the first step, laying the evidentiary foundation, where the party against whom they are seeking to be imputed makes little or no financial disclosure to the court? (Ontario, Canada)
