The defendants brought a motion under Rule 56.01(1)(a) of the Rules of Civil Procedure seeking an order requiring the plaintiff, a resident of the United States, to post security for costs in a wrongful dismissal action.
The court considered the plaintiff’s financial circumstances, the stage of the litigation, and the apparent merits of the claim.
Evidence indicated the plaintiff had limited financial resources and that his financial situation may have been affected by the defendants’ conduct in relocating him to Canada for employment.
The court found the claim possessed some merit and that requiring substantial security could effectively terminate the litigation and undermine access to justice.
In the circumstances, the court declined to order security for costs.
