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.
