The defendant brought a motion for security for costs under Rule 56.01(1)(d), arguing the corporate plaintiff had insufficient assets in Ontario to pay a potential costs award.
The plaintiff, a small trade contractor seeking $340,000 for unpaid invoices, opposed the motion.
The Master found the defendant failed to meet its initial burden, noting the plaintiff had ongoing contracts, work in progress, and accounts receivable, and the potential costs liability for defending the action was modest ($17,000).
The motion was dismissed with costs awarded to the plaintiff.
