William Armstrong

The garnishee, Vale Canada Limited, brought a motion to dismiss garnishment proceedings initiated by the plaintiffs on a "with prejudice" basis.

The plaintiffs consented to a "without prejudice" dismissal.

The court found that the garnishment proceedings had been ongoing for approximately 23 years, during which the plaintiffs consistently failed to comply with court orders, including disclosure orders, an order for security for costs ($85,000), and a previous costs order ($6,653.65).

Citing the plaintiffs' significant and unexplained delays, their flouting of court orders, and the abuse of process, the court granted Vale's motion, dismissing the garnishment proceedings with prejudice.

The garnishee, Vale Canada Limited, brought a motion for security for costs against the plaintiffs in a long-standing garnishment proceeding.

The court found that Vale established a prima facie case for security for costs, as the estate plaintiff was a nominal plaintiff and there was good reason to believe the corporate plaintiffs had insufficient assets in Ontario.

The court also found good reason to believe the garnishment proceeding was frivolous and vexatious.

The plaintiffs failed to provide evidence of sufficient assets or impecuniosity.

The motion was granted, and the plaintiffs were ordered to pay $85,000 into court as security for costs.