Sarah J. O’Connor

The defendant, Fletcher’s Fields Limited, brought a motion for security for costs against the plaintiffs, Robert Llewellyn Jenkins (as trustee for the Estate of Samuel Harrison Ball) and the Estate of Samuel Harrison Ball.

The court found that the plaintiffs did not have sufficient assets in Ontario to satisfy a costs award and had not demonstrated impecuniosity or a good chance of success on the merits.

The court ordered the plaintiffs to post $20,000 as security for costs and awarded $10,000 in costs to the defendant, with both amounts payable within 60 days.

The plaintiffs sought leave to register a Certificate of Pending Litigation (CPL) on a property, claiming an equitable interest based on resulting trust or an oral trust agreement.

The court dismissed the motion, finding no triable issue regarding the plaintiffs' claim to an interest in the property and that the equities did not favour granting the CPL.

The court found insufficient credible evidence to support either a gratuitous transfer for a resulting trust or the alleged oral trust agreement, noting inconsistencies in the plaintiffs' evidence and an adverse inference drawn from refusal to disclose electronic files.