The plaintiff brought a motion seeking to vary a prior costs order requiring payment of $5,800, arguing impecuniosity, and also sought to place the action under case management.
The court found the evidentiary record insufficient to establish impecuniosity, noting the absence of current medical evidence, incomplete financial disclosure, and unexplained inconsistencies regarding a previously initiated appeal.
The court further held that the plaintiff’s significant delay in bringing the motion, and failure to raise impecuniosity when the original costs order was made, weighed strongly against granting relief.
The request for case management was also rejected, as the action was a routine personal injury matter and court resource constraints did not justify special management.
The motion was dismissed and the prior costs order remained payable.
