Robert W. Trifts

The defendants in a franchise dispute moved for security for costs against the plaintiffs, alleging the plaintiffs' parent companies were in financial difficulty.

The court dismissed the motion, finding the defendants failed to meet the initial threshold of showing the specific plaintiff corporations had insufficient assets.

Furthermore, the court declined to exercise its discretion to order security because the defendants' counterclaim was inextricably connected to the main action, and the motion was brought with undue delay shortly before trial.

Costs determination following a motion for injunctive relief relating to access to data and the payment of invoices between commercial parties.

The court considered the parties’ relative success at different stages of the proceedings.

The defendant succeeded on the initial hearing by requiring the plaintiff to comply with its payment obligations before obtaining equitable relief, while the plaintiff succeeded on the return of the motion by challenging the legitimacy of post-order invoices.

Given the divided success, the court declined to award costs to either party.