The defendant brought a motion for security for costs against the plaintiff, a Delaware limited liability company.
The plaintiff opposed the motion, claiming impecuniosity.
The court found that the defendant met the initial onus under Rule 56.01(1) as the plaintiff resided outside Ontario and lacked sufficient assets in the province.
The court held that the plaintiff failed to meet the high evidentiary threshold to establish impecuniosity, as it did not provide full financial disclosure regarding its principals' assets and ability to raise funds.
The motion was granted, and the plaintiff was ordered to post security for costs in tranches.
