The defendant brought a motion for security for costs of $350,000 ahead of a scheduled trial.
The court dismissed the motion, finding that the defendant had unduly delayed in bringing the motion without a cogent explanation, having waited until after discoveries and an unsuccessful summary judgment attempt.
Furthermore, the defendant failed to meet the threshold onus under Rule 56.01(1) to show good reason to believe the corporate plaintiffs lacked sufficient assets in Ontario, as evidence showed the plaintiffs held over $745,000 in exigible assets.
