Three sets of third parties brought motions for security for costs against the third-party plaintiff, a non-resident corporation with no assets in Ontario.
The third-party plaintiff opposed the motions, arguing financial hardship and relying on the income stream of its parent company and the personal undertaking of its principal.
The court found the financial disclosure provided by the third-party plaintiff to be deficient and inconsistent, failing to meet the high evidentiary burden required to establish impecuniosity or hardship.
The court granted the motions and ordered the third-party plaintiff to post security for costs in tranches.
