The defendant brought a motion for an order requiring the plaintiff to post security for costs.
The plaintiff, a corporation registered in the Netherlands, sued the defendant for breach of a consulting agreement.
The plaintiff argued that it was forced to litigate in Ontario due to a choice of forum clause and that the motion was delayed.
The court found that the choice of forum clause did not militate against an order for security for costs and that the merits of the claim were neutral.
Although the motion was brought late, the court ordered the plaintiff to post security for costs limited to prospective costs, fixed at $20,000 payable in tranches.
