The defendants brought a motion for security for costs against the corporate plaintiff under Rule 56.01(1)(d).
The plaintiff brought a cross-motion seeking a sealing order for an affidavit and to exclude certain evidence allegedly obtained improperly by the defendants.
The court dismissed the cross-motion for a sealing order, finding the plaintiff did not meet the Sherman Estate test.
On the security for costs motion, the court found the defendants met their initial onus of showing good reason to believe the plaintiff had insufficient assets in Ontario, and the plaintiff failed to demonstrate sufficient assets.
The plaintiff was ordered to post security for costs in the amount of $105,000 on a pay-as-you-go basis.