Sauve v. Canada

Sauve v. Canada

Plaintiff failed to meet the onus under Rule 417 to demonstrate impecuniosity with full and frank financial disclosure and failed to show that the proceedings have sufficient merit; defendant was prima facie entitled to security for costs; security ordered with judicially exercised reductions from Column V to specified amounts ($5,000 for T-1101-13, $12,000 for T-1325-13, $30,000 for T-1603-13), prohibition on further steps until payment, and fixed costs of $500 per file payable forthwith.

Citation
2014 FC 119
Parties
Applicant/plaintiff: Gary Sauve; Respondent/defendant: Attorney General of Canada / Her Majesty the Queen in Right of Canada; Party to Action: Moneco Sobeco
Court
Federal Court
Jurisdiction
Canada
Judgment Date
31 January 2014
Procedural Posture
Judicial Review and Civil Actions (motions for Security for Costs) / Motions for Security for Costs Under Federal Courts Rules (pre Trial)
Outcome
Motions for security for costs granted with modifications; plaintiff restrained from taking further steps in respective proceedings until security paid; fixed costs awarded.
Legal Topics
Security for Costs, Impecuniosity and Disclosure, Abuse of Process, Judicial Review, Costs Orders
Source Language
English
Civil Procedure Administrative Law Employment Law Constitutional Law Security for Costs Impecuniosity and Disclosure Abuse of Process Judicial Review +1 more

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Parties

Gary Sauve

Applicant/plaintiff

Attorney General of Canada / Her Majesty the Queen in Right of Canada

Respondent/defendant

Moneco Sobeco

Party to Action

Procedural Posture

Judicial Review and Civil Actions (motions for Security for Costs) / Motions for Security for Costs Under Federal Courts Rules (pre Trial)

Legal Issues

  1. 1 Whether defendant is prima facie entitled to security for costs under Rules 416(1)(f) and 416(1)(g)
  2. 2 Whether plaintiff demonstrated impecuniosity under Rule 417 with full and frank disclosure
  3. 3 Whether the proceedings have sufficient merit under Rule 417 (serious issue to be tried)

Ratio Decidendi

Plaintiff failed to meet the onus under Rule 417 to demonstrate impecuniosity with full and frank financial disclosure and failed to show that the proceedings have sufficient merit; defendant was prima facie entitled to security for costs; security ordered with judicially exercised reductions from Column V to specified amounts ($5,000 for T-1101-13, $12,000 for T-1325-13, $30,000 for T-1603-13), prohibition on further steps until payment, and fixed costs of $500 per file payable forthwith.

Court Disposition

Motions for security for costs granted with modifications; plaintiff restrained from taking further steps in respective proceedings until security paid; fixed costs awarded.

Orders

  • T-1101-13: Plaintiff Gary Sauve shall pay security for costs of CAD 5,000.00 within 30 days; shall not take further steps in the application until security is paid (except appeal); shall notify respondent within 24 hours of payment; shall pay costs of this motion CAD 500.00 forthwith (not deductible from security).
  • T-1325-13: Plaintiff Gary Sauve shall pay security for costs of CAD 12,000.00 within 90 days; shall not take further steps in the action until security is paid (except appeal); shall notify defendant within 24 hours of payment; shall pay costs of this motion CAD 500.00 forthwith (not deductible from security).