Frances A. Marinic

The defendants brought a motion for security for costs under Rule 56.01(1)(a) and (e), seeking $116,380.50.

The court found the plaintiffs ordinarily reside in Alberta with no assets in Ontario, satisfying the threshold under Rule 56.01(1)(a).

However, the plaintiffs failed to demonstrate impecuniosity or that their claim had a good chance of success, as there was no expert evidence on breach of the standard of care, no corroboration for the minor plaintiff's version of events, and no evidence of compensable mental trauma.

The court ordered $50,000 in staged security for costs, significantly reducing the amount sought due to the defendants' procedural failings, and awarded $5,000 in partial indemnity costs.

The defendants brought a motion to dismiss the plaintiff's action due to his failure to comply with multiple costs orders totaling $61,586.96.

The plaintiff argued he was entitled to a hearing before a panel of the Divisional Court to clarify their order before paying costs.

The court rejected this argument, finding no process exists for an explanatory attendance after an order is settled, the Divisional Court had already refused further attendance, the order was clear on its face, and the plaintiff's failure to pay costs remained unexplained.

The motion was granted with costs awarded to the defendants.

The appellant, Leslie Arthur Swan, appealed the dismissal of his claim for conspiracy and defamation against several respondents, including a condominium corporation, its manager, and legal counsel.

The motion judge dismissed the action as frivolous, vexatious, and an abuse of process under rule 2.1.01 of the Rules of Civil Procedure, finding it was a collateral attack on earlier proceedings and statute-barred.

The Court of Appeal upheld the motion judge’s decision, finding no error and dismissing the appeal with costs to the respondents.

The appellant, a de-designated firearms instructor, appealed a costs order from a motion that struck and stayed parts of his second action (2022 Action) as duplicative of an earlier action (2018 Action).

The Court of Appeal dismissed the appeal, finding it lacked jurisdiction because the cumulative costs award fell below the $50,000 threshold specified in the Courts of Justice Act, which applies when the costs order itself is the subject of the appeal.

The plaintiff, Leslie Arthur Swan, sued multiple defendants for conspiracy and defamation in an 81-page Statement of Claim.

The defendants requested the registrar to dismiss the proceeding under Rule 2.1.01 of the Rules of Civil Procedure, arguing it was frivolous, vexatious, or an abuse of process.

The court, on its own initiative, considered the dismissal.

The court found the claim to be an abuse of process because it constituted a collateral attack on issues previously litigated and appealed, including matters related to the plaintiff's tenure on a condominium board, a lien against his unit, and prior defamation claims, all of which had been decided against him.

Additionally, some claims were found to be statute-barred.

The court dismissed the entire claim.