2 total
Motion for security for costs dismissed as corporate plaintiffs demonstrated impecuniosity and a meritorious claim.
The defendant in a solicitor's negligence action brought a motion for security for costs under Rule 56.01(1)(d) of the Rules of Civil Procedure.
The plaintiffs, who were placed into receivership allegedly due to the defendant's failure to attend a receivership application, opposed the motion on the basis of impecuniosity.
The court found that the plaintiffs had demonstrated they could not raise security from their shareholders and that their claim was not plainly devoid of merit.
The motion was dismissed, and costs of $5,500 were awarded to the plaintiffs.
Appeal of stay of proceedings dismissed; Quebec found to be the clearly more appropriate forum.
The appellant appealed a judgment staying his Ontario action against the respondent on the bases of issue estoppel, jurisdiction simpliciter, and forum non conveniens.
The Court of Appeal dismissed the appeal, finding that the motion judge correctly applied the factors from Van Breda to conclude that Quebec was clearly the more appropriate forum for the dispute.
