The defendants brought a motion to dismiss the plaintiff's action for failing to timely pay prior costs awards, or alternatively, for an order requiring the plaintiff to post security for costs.
The court declined to dismiss the action, noting the costs orders had since been paid and the plaintiff's conduct was not contumelious.
The court also dismissed the request for security for costs, finding the defendants failed to prove the corporate plaintiff had insufficient assets in Ontario and that the defendants' delay in bringing the motion rendered such an order unjust.
