The moving parties sought an extension of time to file a motion to set aside a security for costs order made by Gillese J.A. The order required each moving party to post $15,000 as security for costs in their appeal from a lower court decision.
The motion was brought almost seven months after the deadline prescribed by Rule 61.16(6), which requires service and filing within four days of the order.
The court dismissed the motion, finding that while the moving parties had formed a bona fide intention to challenge the order within the required timeframe, the lack of merit in the proposed motion and significant prejudice to the respondent outweighed these factors.
The court emphasized the respondent's history of unpaid costs orders and the vexatious nature of the litigation.
