R. M. Brott

The defendants brought a motion under Rule 56.01(1)(d) seeking an order that the plaintiff, a not-for-profit family health team, post $500,000 as security for costs.

The plaintiff opposed the motion on the basis of impecuniosity, having ceased operations after its sole source of funding was terminated.

The court found that the plaintiff was impecunious and that its claim for misappropriation of funds was not devoid of merit, relying on two forensic audit reports.

The court concluded it would be unjust to order security for costs and dismissed the motion, awarding costs to the plaintiff.

Following a motion where the defendant ProBuilt was permitted to withdraw an admission and amend its pleadings regarding the manufacturer of a wobblelight, the parties made submissions on costs.

The responding parties sought substantial indemnity costs and significant 'reset' costs due to the late amendment.

The court found that while the responding parties were successful in opposing the amendment under Rule 26.01, ProBuilt was granted an indulgence under Rule 51.05.

Balancing the mixed success, the delay, and the reasonable reset costs required, the court ordered ProBuilt to pay $20,000 in partial indemnity costs to each of the three responding parties.