ENDORSEMENT
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: 1045525 ONTARIO LIMITED
And
RE: RE/MAX REAL ESTATE CENTRE INC.
BEFORE: B. P. O’MARRA, J.
COUNSEL:
James C. Morton , for the Plaintiff
Aaron Postelnik , for the Defendant
HEARD: July 4, 2012
ENDORSEMENT
1This is an appeal from the Order of Master Glustein dated January 28, 2011 wherein he ordered security for costs. He made the following findings:
Impecuniosity had not been made out.
He could not conclude that Plaintiff’s case had a high likelihood of success.
There was no hardship that would be worked even if impecuniosity cannot be established.
2Counsel agree that the appropriate standard of review of a Master’s ruling is set out in Zeitoun v. Economical Insurance Group, 2008 20996 (ON SCDC) , [2008] O.J. No. 1771 (Div. Crt.)
3The Appellant submits the Master erred in law in applying Morton and Attorney-General of Canada (Ont. Sup. Court, March 7, 2005) since Plaintiff in that case did not assert impecuniosity. I disagree. The Master made findings that were open to him on the issues and did not make any palpable or overriding errors. Further the Master did not err in law.
4Appeal dismissed.
5If the parties cannot agree on costs I will receive brief written submissions (no more than 3 pages) within 21 days of the release of this ruling.
B. P. O’MARRA, J.
Date: July 9, 2012