Sukhminder Singh

After obtaining an order requiring security for costs, the moving party sought dismissal when the ordered deposit was not paid by the deadline.

The responding parties provided no substantive opposition and did not show a compelling reason to avoid dismissal.

The court dismissed the appeal and fixed costs.

This decision addresses the costs consequences following a successful summary judgment motion by the plaintiff, R & P Petroleum Inc., for payment of outstanding invoices.

The court considered the parties’ written submissions and awarded costs on a substantial indemnity basis, with an elevated amount due to a threatening and abusive email sent by or on behalf of the defendant, Ishvinder Singh Virk.

The court found the defendants’ conduct, including the email, warranted an award of $75,000 in costs to the plaintiff, to be paid jointly and severally by the defendants.