The applicant, Shelley Ottele, initiated an application challenging the validity of Powers of Attorney signed by her deceased father, Leo Racine, appointing Aimy Racine, and sought damages for fraud, unjust enrichment, and breach of fiduciary duty.
This endorsement addresses two motions: the applicant's motion to stay proceedings pending an appeal, and the respondent Aimy Racine's motion for security for costs.
The court dismissed the applicant's motion to stay, finding no persuasive basis.
The court granted the respondent's motion for security for costs, finding good reason to believe the applicant's underlying application was frivolous and vexatious and that she had insufficient assets in Ontario to pay costs, as required by Rule 56.01(1)(e).
The applicant was ordered to pay $75,000 as security for costs and $25,253.24 in costs for the motion.