Quadrangle Holdings Ltd. v. Coady Estate

Quadrangle Holdings Ltd. v. Coady Estate

The motion for security for costs was dismissed because the plaintiff demonstrated impecuniosity caused in part by the litigation, the claim has sufficient merit (including prior summary judgment against the Estate, discovery evidence and allegations of spoliation and compliance failures), IA's motion was brought late after extensive litigation thereby increasing the risk of denying access to justice, and fairness in all the circumstances precluded ordering the large security sought.

Citation
2018 NSSC 349
Parties
Plaintiff/respondent: Quadrangle Holdings Ltd.; Defendant/applicant: The Estate of Blair Coady, deceased (represented by Gloria Coady, James Matheson, and Industrielle Alliance Valeurs Mobilieres Inc.)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 May 2018
Procedural Posture
Civil Motion for Security for Costs / Interlocutory Motion (security for Costs)
Outcome
Motion dismissed; security for costs denied.
Legal Topics
Security for Costs, Impecuniosity, Delay, Summary Judgment, Spoliation
Source Language
English
Civil Procedure Costs Access to Justice Securities Law Security for Costs Impecuniosity Delay Summary Judgment +1 more

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Parties

Quadrangle Holdings Ltd.

Plaintiff/respondent

The Estate of Blair Coady, deceased (represented by Gloria Coady, James Matheson, and Industrielle Alliance Valeurs Mobilieres Inc.)

Defendant/applicant

Procedural Posture

Civil Motion for Security for Costs / Interlocutory Motion (security for Costs)

Legal Issues

  1. 1 Whether security for costs should be ordered under Nova Scotia Civil Procedure Rule 45
  2. 2 Whether the plaintiff is impecunious such that a security order is appropriate
  3. 3 Whether ordering security would deny access to justice or be unfair in all the circumstances

Ratio Decidendi

The motion for security for costs was dismissed because the plaintiff demonstrated impecuniosity caused in part by the litigation, the claim has sufficient merit (including prior summary judgment against the Estate, discovery evidence and allegations of spoliation and compliance failures), IA's motion was brought late after extensive litigation thereby increasing the risk of denying access to justice, and fairness in all the circumstances precluded ordering the large security sought.

Court Disposition

Motion dismissed; security for costs denied.

Orders

  • Motion for security for costs dismissed.
  • Costs awarded in favour of the Plaintiff/Respondent in the amount of CAD 1000; Plaintiff's counsel to prepare the requisite order.