The defendant brought a motion for security for costs against the corporate plaintiff in a commercial lease dispute.
The plaintiff conceded it had insufficient assets, satisfying the defendant's initial onus under Rule 56.01(1)(d).
The court found the plaintiff met the high threshold to demonstrate impecuniosity, as its sole shareholder's only income was ODSP and the business had failed.
The court also found the plaintiff's claim was not plainly devoid of merit, given evidence of alleged breaches of the lease by the defendant.
The motion for security for costs was dismissed, with costs awarded to the plaintiff in the cause.
