The defendants brought a motion seeking an order requiring the plaintiff to post $150,000 as security for costs under Rule 56.01(1)(e).
The plaintiff's action claimed damages for an improvident sale of a mortgaged property and economic interference.
The court dismissed the motion, finding the defendants failed to meet their onus of proving the action was frivolous and vexatious, as there was evidence suggesting the mortgagee may have failed to take reasonable precautions to obtain true market value.
The plaintiff was awarded $15,000 in partial indemnity costs.
