Court of Appeal for Ontario
Date: 2018-12-05
Docket: M49805 / M49826 / M49698
Motion Judge: Lauwers J.A.
Between
1583881 Ontario Limited Moving Party (Appellant by Appeal)
and
Genesis Express and Logistics Inc. (Respondent by Appeal) Responding Party
Counsel
Joel Laramie, for the moving party
Phillip S. Chandler, for the responding party
Heard: November 29, 2018
Reasons for Decision
[1] Joel Laramie is the sole shareholder of the appellant, 1583881 Ontario Limited, and moves for permission to represent the company. Mr. Chandler did not seriously contest this motion. I therefore grant leave to Mr. Laramie to represent 1583881 Ontario Limited in the appeal.
[2] Because 1583881 Ontario Limited seeks to appeal from a decision of the Divisional Court, it must obtain leave from this court by a motion in writing.
[3] Genesis Express moves for security for costs under r. 56.01(1)(d) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, on the basis that the appellant "is a corporation or a nominal plaintiff or applicant, and there is good reason to believe that the plaintiff or applicant has insufficient assets in Ontario to pay the costs of the defendant or respondent." This rule feeds into r. 61.06, which permits an appellate court to order security for costs.
[4] Genesis seeks security for costs in the amount of $1,500 in relation to the costs order for the small claims court action, $3,406.95 in relation to the appeal to the Divisional Court, and $2,000 towards preparation of responding materials on the motion for leave to appeal.
[5] In my view, Genesis Express has established a reasonable basis for an order for security for costs and has made a modest request. I decline, however, to require 1583881 Ontario Limited to post security for costs for the argument of the appeal itself, since leave has not yet been granted.
[6] Accordingly, 1583881 Ontario Limited will post security for costs with the court in the amount of $6,906.95 before the motion for leave to appeal is sent to a panel for disposition.
"P. Lauwers J.A."