2 total
Counter-application dismissed due to applicant's failure to pay previously ordered costs.
The respondents to a counter-application filed a requisition to dismiss the counter-application because the applicant failed to pay previously ordered costs by the specified deadline.
The court reviewed the affidavit confirming non-payment and ordered the counter-application dismissed in accordance with its prior order.
Action dismissed and related application stayed due to plaintiff's persistent failure to pay prior costs awards.
The defendants brought motions to dismiss or stay the plaintiff's action and a related application due to the plaintiff's and its principal's failure to pay multiple prior costs awards totaling over $200,000.
The principal, acting as a self-represented litigant, argued that the defendants were partners and thus liable for the costs, and relied on a corporate indemnity.
The court rejected these arguments, applying the Rana principles to find that impecuniosity and self-representation do not excuse non-compliance with court orders.
The court dismissed the action against the moving defendants and stayed the related application, but declined to strike the plaintiff's affidavits under Rule 25.11.
