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Security for costs ordered where plaintiffs sheltered assets through third-party litigation funding.
The defendants, the City of Hamilton and Craig Saunders, brought motions for security for costs against the plaintiffs.
The plaintiffs' claim sought $30 million in damages related to alleged illegal dumping of contaminated soil.
The court found that the defendants met their initial burden under Rule 56.01(1) and that the plaintiffs failed to prove impecuniosity, having structured their financial affairs to shelter assets through third-party litigation funding.
Applying a holistic approach, the court concluded that an order for security for costs was just and ordered the plaintiffs to pay a total of $376,976 into court.
Tribunal schedules settlement and merits hearings for appeals of Toronto's Central Waterfront Secondary Plan.
The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Toronto's Central Waterfront Secondary Plan and Port Lands Official Plan Modification.
The City advised that settlements had been reached with several parties and requested a settlement hearing.
The Tribunal scheduled a one-day settlement hearing for May 19, 2022, and a two-week merits hearing commencing July 4, 2022.
Tribunal issues Procedural Order and schedules five-week hearing for Port Lands official plan appeals.
The parties presented a draft Procedural Order and thematic Issues List.
The Tribunal directed the parties to finalize the Procedural Order, attempt to resolve specific built form issues, and scheduled a five-week hearing for May and June 2022.