Following competing motions for security for costs, the court ordered the plaintiff to post security and dismissed the plaintiff’s own motion for security.
The defendants sought costs of $18,618.92 while the plaintiff argued the amount should be reduced due to duplication of effort after the defendants changed counsel and allegedly excessive preparation and travel charges.
Applying the discretionary principles under s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court emphasized proportionality, fairness, and reasonableness in fixing costs.
The court found some duplication attributable to the change of counsel and considered the limited scope of the half‑day motion.
Costs were fixed at $14,000 all inclusive payable by the plaintiff.
