The defendants, the City of Hamilton and Craig Saunders, brought motions for security for costs against the plaintiffs.
The plaintiffs' claim sought $30 million in damages related to alleged illegal dumping of contaminated soil.
The court found that the defendants met their initial burden under Rule 56.01(1) and that the plaintiffs failed to prove impecuniosity, having structured their financial affairs to shelter assets through third-party litigation funding.
Applying a holistic approach, the court concluded that an order for security for costs was just and ordered the plaintiffs to pay a total of $376,976 into court.
