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Out-of-jurisdiction plaintiff ordered to post $60,000 in security for costs payable in stages.
The defendants and third parties brought a motion for security for costs against the plaintiff, who resides in Connecticut and has no assets in Ontario.
The plaintiff, who was rendered paraplegic in a snowmobile accident, sought $15 million in damages.
The court found the threshold for security for costs was met and the plaintiff failed to show that an order would be unjust.
The court ordered the plaintiff to post $60,000 in security for costs, payable in three stages, taking into account his costs insurance policy and the need to avoid preventing him from advancing his litigation.
Standard form title insurance policy covers off-title municipal work orders for unpermitted construction.
The appellants purchased a home and acquired a title insurance policy from the respondent.
Years later, they discovered a previous owner had removed load-bearing walls without a building permit, resulting in a municipal order to remedy an unsafe building.
The respondent denied coverage under the title policy.
The motion judge dismissed the appellants' summary judgment motion, finding the title remained marketable and that municipal work orders must be registered on title to trigger coverage.
The Court of Appeal allowed the appeal, holding that the standard of review for standard form insurance contracts is correctness.
The Court found the motion judge erred in his interpretation of the policy and the nature of off-title defects, concluding that the unpermitted construction rendered the title unmarketable and was covered under the policy.
