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Motion for security for costs dismissed due to moving party's delay in bringing it.
The third-party defendant brought a motion for security for costs against the defendant/third-party plaintiff on the eve of trial, citing the latter's recent insolvency.
The court dismissed the motion, finding that the moving party delayed in bringing the motion despite knowing of the financial issues months earlier.
Ordering security for costs at this late stage would necessitate an adjournment, prejudicing all parties and delaying a trial on the merits.
Motion for leave to appeal orders regarding venue, surveillance, and costs dismissed with costs.
The moving party sought leave to appeal three orders of the motion judge regarding venue, surveillance, and costs.
The Divisional Court dismissed the motion for leave to appeal and awarded costs of $5,000 to the responding party.
