The defendant brought a motion seeking leave to compel the plaintiff to post $135,000 as security for costs under Rule 56.01(1)(a) and (d).
The plaintiff, an extra-provincial corporation, sued the defendant for $2.5 million for breach of contract regarding a unilateral reduction in sales commissions.
The court found the defendant met the initial onus under Rule 56.01(1)(d).
However, the court dismissed the motion, finding it would be unjust to order security because the plaintiff's principal undertook to make her personal investment account available to satisfy any costs award.
