The moving defendant sought security for costs under Rule 56.01(1)(a) of the Rules of Civil Procedure on the basis that the plaintiff was ordinarily resident outside Ontario and had no assets within the jurisdiction.
The plaintiff opposed the motion, asserting impecuniosity and arguing that an order for security would prevent the claim from proceeding.
The court granted leave to bring the motion despite it being brought late after the action had been set down for trial.
However, the court accepted the evidence that the plaintiff lacked financial resources and would be unable to post security.
Applying the principle that meritorious claims should not be prevented from proceeding due to poverty unless plainly devoid of merit, the court dismissed the motion.
