Competing motions arose in estate litigation challenging the validity of a deceased's remarriage and seeking declarations affecting the validity of a prior will.
The plaintiffs sought to amend the statement of claim to abandon damages and pursue declaratory relief, add the estate as a defendant, replace the litigation guardian, obtain disclosure of medical and capacity records, and adjust the timetable.
The defendants opposed and moved for security for costs, arguing the litigation guardian had relocated outside Ontario and that substitution of another guardian was an attempt to avoid security obligations.
The court granted leave to amend the claim and add the estate, but imposed terms including payment of costs thrown away and substantial security for costs.
Security for costs of $100,000 and additional security for wasted costs were ordered before further steps could be taken.
