The defendant, UAP Inc., brought a motion seeking security for costs against the corporate plaintiff, Mountainwide Auto Parts Ltd., under Rule 56.01(1)(d).
The court found that UAP's unexplained delay of more than five years in bringing the motion was fatal.
The court also noted that UAP did not seek security against the individual plaintiffs and possessed significant financial resources, concluding the motion was tactical rather than a genuine effort to secure costs.
The motion was dismissed.
