S. Hale

The defendant insurance broker brought a motion for security for costs against the plaintiff, a Delaware limited partnership with no assets in Ontario.

The plaintiff was seeking over $46 million in damages for denied coverage under a fidelity bond.

The court found that the plaintiff was a foreign resident, a nominal plaintiff, and had insufficient assets to satisfy a costs award.

Applying a holistic approach, the court ordered the plaintiff to post security for costs in the amount of $525,000.

MediPharm brought an action against Hexo for unpaid invoices totaling $9,802,032.78 under a cannabis resin supply agreement.

Hexo counterclaimed against MediPharm for breach of contract and bad faith, and against Peter Hwang, a former director of the acquired company, for breach of fiduciary duty.

MediPharm and Hwang brought motions for summary judgment.

The court granted the motions, finding no genuine issue for trial.

Hexo failed to adduce evidence of bad faith by MediPharm or self-dealing by Hwang, whose decisions were protected by the business judgment rule.

Hexo was ordered to pay the outstanding invoices.