The defendant, Mohammed Ghandehari, brought a motion for security for costs and for an order requiring the plaintiff, Gobinath Papiah, to attend an in-person defence medical examination in Toronto, with the plaintiff to pay his own travel and accommodation expenses.
The court dismissed the motion for security for costs due to the defendant's delay in bringing the motion and the fact that India is a reciprocating jurisdiction for costs orders.
The court ordered the in-person medical examination but required the defendant to pay the plaintiff’s reasonable costs of attending.
The plaintiff was awarded $1,500 in costs for the motion.
