The respondents moved to stay the appellant's action and for an order for security for costs on the appeal, citing the appellant's failure to pay over $27,000 in costs awards from previous unsuccessful proceedings.
The appellant, who was suing for historical sexual and physical abuse, was impecunious and relied on a disability pension.
The Court of Appeal dismissed the motions, finding that despite the unpaid costs and the respondents' valid concerns, the impecunious appellant should not be deprived of a final opportunity to have his case considered on the merits, as the appeal was not plainly devoid of merit.
