The defendants brought a motion for security for costs against the plaintiffs, who reside in South Korea.
The plaintiffs commenced an action seeking repayment of loans and a share of the equity from the sale of a property.
The court found that the defendants met their initial onus as the plaintiffs reside outside Ontario.
However, the plaintiffs successfully rebutted the onus by demonstrating that they are impecunious and that their claim is not devoid of merit.
The motion for security for costs was dismissed.