A. Huang

The defendants, the City of Hamilton and Craig Saunders, brought motions for security for costs against the plaintiffs.

The plaintiffs' claim sought $30 million in damages related to alleged illegal dumping of contaminated soil.

The court found that the defendants met their initial burden under Rule 56.01(1) and that the plaintiffs failed to prove impecuniosity, having structured their financial affairs to shelter assets through third-party litigation funding.

Applying a holistic approach, the court concluded that an order for security for costs was just and ordered the plaintiffs to pay a total of $376,976 into court.

The plaintiff, Jinhang Feng, brought a motion for leave to amend the statement of claim to add alternative claims for monetary damages and unjust enrichment, in addition to the original claim for specific performance of an agreement of purchase and sale.

The defendant, Han Yun Liu, opposed the motion, arguing that the proposed amendments constituted a new cause of action and were therefore statute-barred.

The court granted leave to amend, finding that the proposed amendments did not introduce a new cause of action but rather sought alternative relief based on the same facts already pleaded.

The court also awarded substantial indemnity costs to the plaintiff, finding that the plaintiff had obtained an order more favourable than a prior offer to settle the motion.