The defendants moved to stay or dismiss a long-term disability action based on the plaintiff's failure to pay a prior full indemnity costs award made payable forthwith, and alternatively sought security for costs.
The plaintiff cross-moved to vary the costs order to permit instalment payments, relying on impecuniosity.
The court held the plaintiff was not entitled to vary the prior order, emphasizing the reprehensible conduct underlying the elevated costs award, the delay in offering partial payment, and the late disclosure of litigation indemnity coverage.
The action was stayed pending payment of the outstanding costs award, but security for costs was refused because of access to justice concerns and the existence of a $100,000 indemnity agreement.
