The defendants brought a motion for security for costs against the plaintiff, a Florida resident, in a personal injury action arising from a trip and fall at the CN Tower.
The plaintiff opposed the motion, claiming impecuniosity.
The court found the plaintiff failed to meet the rigorous standard of financial disclosure required to prove impecuniosity, noting her unencumbered condominium and lack of medical evidence regarding her inability to work.
Applying a holistic approach, the court ordered the plaintiff to post $17,000 in security for costs up to and including discoveries.