2 total
Motion for leave to appeal dismissed with costs.
The plaintiff brought a motion for leave to appeal an order of the lower court.
The Divisional Court dismissed the motion for leave to appeal and awarded costs of $1,000 to the Homewood defendants and $1,000 to the defendant doctor.
Motion for security for costs dismissed as out-of-province plaintiff established impecuniosity and claim not devoid of merit.
The defendant moved for an order compelling the plaintiff, who resides in British Columbia, to post security for costs in an action alleging historical abuse.
The plaintiff opposed the motion on the basis of impecuniosity.
The court found that the plaintiff had made full and frank disclosure of her financial circumstances, establishing that she was impecunious.
The court also found that the plaintiff's claim, which would largely turn on credibility, was not plainly devoid of merit.
The motion for security for costs was dismissed, with costs of $5,000 awarded to the plaintiff.
