This decision addresses a motion by Brewers Retail Inc. for security for costs against Chill Media Inc., and a cross-motion by Chill Media Inc. for leave to late file expert reports.
The court found that Chill Media Inc. had insufficient assets in Ontario to pay costs but did not establish impecuniosity in the legal sense.
The court dismissed Chill Media's argument of delay by Brewers Retail Inc. in bringing the motion.
The motion for security for costs was granted, but for a reduced amount of $100,000 (from $352,000), payable within 60 days, without staying the action.
The cross-motion for late filing of expert reports was also granted, allowing Chill Media Inc. to file reports within 20 days, with Brewers Retail Inc. having 60 days for reply reports.
