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Plaintiff residing in Angola ordered to post $10,000 security for costs after failing to prove impecuniosity.
The statutory third party, Allstate Insurance, brought a motion for security for costs against the plaintiff, who had moved to Angola after commencing a motor vehicle accident claim.
The court found that the plaintiff was ordinarily resident outside Ontario and failed to establish impecuniosity, as the only evidence provided was a law clerk's affidavit.
The court ordered the plaintiff to post $10,000 as security for costs.
The court denied the defendant's motion to dismiss the action for non-compliance, granting the plaintiff extensions.
The defendant Lorraine Brown-Comrie brought a motion to dismiss the action due to the plaintiff Paula Tomlinson's non-compliance with previous court orders and failure to answer undertakings from discovery.
The plaintiff opposed, citing recent settlement negotiations.
The court, noting that dismissal is a remedy of last resort, denied the motion to dismiss and granted the plaintiff extensions to comply with all outstanding obligations.
No costs were awarded for the motion.
