The garnishee, Vale Canada Limited, brought a motion for security for costs against the plaintiffs in a long-standing garnishment proceeding.
The court found that Vale established a prima facie case for security for costs, as the estate plaintiff was a nominal plaintiff and there was good reason to believe the corporate plaintiffs had insufficient assets in Ontario.
The court also found good reason to believe the garnishment proceeding was frivolous and vexatious.
The plaintiffs failed to provide evidence of sufficient assets or impecuniosity.
The motion was granted, and the plaintiffs were ordered to pay $85,000 into court as security for costs.
