The defendants moved for security for costs under Rule 56.01(1)(e) of the Rules of Civil Procedure in a civil action alleging wrongful arrest, excessive force, unlawful entry, and negligent police investigation arising from a warrantless entry into a residence and the use of a Taser.
The moving parties argued that the plaintiffs lacked sufficient assets in Ontario to satisfy a potential costs award and that the action was frivolous and vexatious.
The court held that the defendants failed to establish that the plaintiffs lacked sufficient assets, noting that the asset search was superficial and did not account for property interests on reserve lands.
The court further found that the claim was not clearly devoid of merit, particularly given unresolved issues regarding exigent circumstances, use of force, and the adequacy of the police investigation.
As both branches of the conjunctive test under Rule 56.01(1)(e) were not satisfied, the motion for security for costs was dismissed.
