The defendant, Tribecca Finance Corporation, brought a motion for security for costs against the plaintiffs due to an unpaid costs award in a related action.
The plaintiffs resisted the motion, arguing delay, the merits of their case, and the quantum of security.
The court found that the defendant's delay was not unreasonable and that the merits of the action were a neutral factor given credibility issues.
The court ordered the plaintiffs to post $32,000 in security for costs.
Costs of the motion were split due to a Rule 49 offer to settle made by the plaintiffs.
