Ronak Shah

This was a costs endorsement following dismissal of a defendant's motion for security for costs.

The court held that the successful plaintiff was entitled to its partial indemnity costs of the interlocutory motion, rejecting submissions that there should be no costs or that costs be in the cause.

Applying the court's general discretion under the Courts of Justice Act and the Rules of Civil Procedure, the court found the amount claimed was fair and reasonable, proportionate to the importance of the motion, and within the defendant's reasonable contemplation.

Fixed costs of $7,144.24 inclusive of taxes and disbursements were ordered payable within 30 days.

The defendant brought a motion for security for costs against the corporate plaintiff under Rule 56.01(1)(d).

The plaintiff opposed, arguing impecuniosity caused by the defendant's failure to pay outstanding invoices.

The court found the plaintiff failed to establish impecuniosity due to insufficient financial disclosure.

However, the court dismissed the motion, finding the plaintiff had a good chance of success on the merits and that its financial difficulties were largely caused by the defendant's refusal to pay approved invoices.