The respondent landlord brought a motion for security for costs in the appellants' appeal from a Landlord and Tenant Board decision.
The landlord sought over $34,000, primarily based on an unpaid costs award from a previous proceeding and a disputed claim for unpaid rent.
The court found that while the unpaid costs award met the threshold for ordering security, the primary purpose of the motion was to recover disputed rent rather than to protect against future costs.
The court declined to exercise its discretion to order security for costs, finding it was not in the interests of justice.
The motion was dismissed with no order as to costs.
