J. Robinson

The moving defendants brought a motion for security for costs, arguing the plaintiff was a nominal plaintiff with insufficient assets.

The court found the plaintiff was a straw claimant acting on behalf of her father and his business associate in a real estate transaction, and had no assets of her own.

The court ordered the plaintiff to post $70,000 in security for costs in tranches.

The plaintiff's unopposed motion for leave to amend her claim was also granted.

Following the dismissal of the plaintiff's action for survivor pension benefits, the successful defendant sought costs of over $160,000.

The court found the defendant's claimed time and trial preparation to be exorbitant and noted that the defence's presentation at trial was inefficient and disorganized.

Applying the principle of proportionality and considering a Rule 49 offer to settle, the court fixed the defendant's costs at $72,353.96.