Elizabeth Ogunlesi brought a motion seeking to amend her claim, consolidate two actions, and obtain an order for security for costs in both.
The primary issue addressed by the court was security for costs.
In the Residential Action (CV-13-473552), the motion for security for costs against Talon International Inc. was dismissed, as Talon's counterclaim was found to be inextricably linked to the main claim, functioning as a defence.
In the companion Hotel Action (CV-14-515666), the court ordered Talon International Inc. to post $10,000 as security for costs to the end of pre-trial, finding that Talon, as a corporation in receivership, had insufficient assets in Ontario to pay costs, satisfying Rule 56.01(1)(d).
