The defendant, Harbouredge Mortgage Investment Corporation, brought motions for security for costs, transfer of action, and a stay of action.
The plaintiff, Morgis Properties Limited, had previously obtained an ex parte certificate of pending litigation (CPL), which was later discharged.
The court granted the defendant's motion for security for costs, ordering the plaintiff to pay $30,000 on a pay-as-you-go basis, finding the plaintiff had insufficient assets and its president had the financial ability to pay.
The defendant's motion to transfer the action was dismissed without prejudice due to procedural non-compliance, and the motion for a stay of action was dismissed as Rule 56.05 already addresses the inability to take steps without providing security.
The court awarded the defendant substantial indemnity costs for the CPL motion and partial indemnity costs for the security for costs motion, totaling $18,200, due to the plaintiff's improper conduct and lack of a reasonable claim.
