Marian Van Hoek

The respondents brought a motion for security for costs against the appellant.

Following the hearing of the motion, the parties were unable to resolve the issue of costs.

The Court of Appeal awarded costs of the motion to each of the moving parties on a partial indemnity basis, fixed at $7,500 each, payable by the responding party.

The respondents brought a motion for security for costs of the appeal.

The appellant argued the issue was res judicata because a pre-trial motion for security for costs had been dismissed.

The Court of Appeal rejected the res judicata argument, noting that the circumstances before and after a trial are different.

The court found that the appellant, a foreign corporation, failed to discharge its burden of proving it lacked access to funds to post security.

The motion was granted, and the appellant was ordered to post $120,000 in security for costs.