The defendants brought a motion for security for costs against the corporate plaintiff in a complex software copyright and breach of confidence action.
The court found good reason to believe the plaintiff had insufficient assets in Ontario to pay the defendants' costs if unsuccessful.
The plaintiff failed to establish impecuniosity or a good chance of success on the merits.
The court ordered the plaintiff to post $1,110,000 in security for costs, payable in three installments, to balance the defendants' need for protection with the risk of stifling the litigation.
