I. Schein

The defendants brought a motion seeking security for costs from the corporate plaintiffs in an action arising from a real estate joint venture.

The plaintiffs, who had no assets in Ontario, argued they were impecunious and that their claims had merit.

The court found that the plaintiffs failed to meet the high evidentiary burden to prove impecuniosity, as they did not provide evidence of efforts to raise funds from their principals or investors.

Balancing the factors, the court ordered the plaintiffs to post $70,000 in security for costs on a partial indemnity scale up to the completion of discoveries.

The plaintiff sought damages for the defendant's interference with a right-of-way over the defendant's property, which provided access to the plaintiff's parking lot.

The defendant constructed a hotel that reduced the width and height of the right-of-way, preventing front-end loader garbage collection and reducing parking capacity.

The court found the permanent structure constituted an actionable interference with the express grant of the easement.

The plaintiff was awarded $441,400 in damages for loss of rental income, reduction in property value, and costs to re-grade the parking lot.