The respondent moved for security for costs in an appeal from a Small Claims Court decision dismissing the appellant's claim for motor vehicle damage caused by snow removal.
The respondent argued the appeal was frivolous and vexatious, there was an unpaid costs order, and the appellant was deliberately prolonging the litigation.
The court dismissed the motion, finding that while the appeal had a low prospect of success, it was not vexatious, the unpaid costs order was stayed pending appeal, and the $20,000 security sought was disproportionate to the issues.
