Jahmiah Benji Ferdinand-Hodkin

The defendants brought a motion for costs thrown away and security for costs after the plaintiff failed to attend a unilaterally scheduled mediation.

The plaintiff had been deported from Canada and had no assets in Ontario.

The court found the plaintiff's counsel acted disrespectfully by concealing the plaintiff's unavailability for mediation, awarding costs thrown away.

The court also ordered the plaintiff to post security for costs, finding his evidence of impecuniosity unreliable and his underlying claims for negligent misrepresentation and breach of insurance contract almost certain to fail.

The plaintiff, Richcraft Homes Ltd., initiated an action against several defendants, including Urbandale Corporation, Urbandale Construction Limited, and Lawrence Weinstein, seeking declaratory relief for oppressive conduct, breach of contract, and punitive damages related to land development projects.

The defendants brought motions under Rule 21 to strike Richcraft's claims, arguing they failed to plead material facts supporting a reasonable prospect of success.

The court granted the motions, finding that Richcraft did not demonstrate compensable injury or a likelihood of threatened oppressive conduct, nor an independent actionable wrong for punitive damages.

Leave to amend was denied due to the absence of proposed amendments or supporting evidence.