The plaintiff abandoned its motion for a certificate of pending litigation (CPL) after the defendants served responding materials.
The defendants sought substantial indemnity costs for the abandoned motion and brought a cross-motion for security for costs.
The court awarded the defendants substantial indemnity costs for the CPL motion, finding the plaintiff had an ulterior motive to thwart the sale of the property.
However, the court dismissed the defendants' motion for security for costs, finding that the plaintiff's $100,000 deposit currently held by the defendants constituted sufficient assets in Ontario to satisfy a costs award, and that the action was not frivolous or vexatious.