G. Hodder

The defendant brought a motion for security for costs against the three corporate plaintiffs under Rule 56.01(1)(d) and (e) of the Rules of Civil Procedure.

The court found that the plaintiffs failed to demonstrate they had sufficient exigible assets in Ontario to satisfy a costs award, as their primary assets were patents of uncertain value and marketability.

Furthermore, the plaintiffs failed to establish a good chance of success on the merits, particularly given adverse credibility findings against their principal in a related arbitration.

The motion was granted, and the plaintiffs were ordered to post security for costs in tranches.

The plaintiff sought an interlocutory injunction restraining a former employee and his new company from soliciting or servicing any past or present customers.

The plaintiff alleged the employee was a fiduciary who breached duties by leaving on short notice and soliciting clients.

The court held the plaintiff failed to establish a strong prima facie case that the employee was a fiduciary or that any continuing breach of fiduciary duty existed.

Evidence of irreparable harm was speculative and limited, and the balance of convenience favoured permitting lawful competition by the former employee’s start‑up business.

The motion for an interlocutory injunction was dismissed with costs.