C. Harold Rosenberg

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.

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.