The defendants and third party brought a motion for security for costs against the corporate plaintiffs, who operated a fitness club before defaulting on their commercial lease and equipment leases.
The court found there was good reason to believe the plaintiffs had insufficient assets in Ontario to pay costs.
The plaintiffs failed to demonstrate sufficient assets, impecuniosity, or a good chance of success on the merits of their conspiracy and conversion claims.
The court ordered the plaintiffs to post $80,000 in security for costs for each of the Crunch defendants, the Church defendant, and the third party.