S. Berhane

The plaintiff brought an action for damages for breach of contract arising from a failed real estate transaction.

A summary judgment motion was originally scheduled for April 2020 but was delayed due to the Covid-19 pandemic.

The parties attended a case conference to set a new date and establish a timetable.

The court scheduled the motion for a full day on April 27, 2021, and set out a consent timetable for documentary discovery, expert reports, mediation, cross-examinations, and factums.

The defendant brought a motion seeking an order requiring the plaintiff to post security for costs.

The plaintiff opposed, arguing it was impecunious and that its financial state was caused by the defendant's actions.

The court found the plaintiff failed to meet the high evidentiary threshold to prove impecuniosity, noting significant gaps and contradictions in the financial disclosure regarding the plaintiff's sole shareholder and related companies.

The motion was granted, and the plaintiff was ordered to post security for costs in tranches and pay costs of the motion.