Blackhawk Construction Limited v. Martin

Blackhawk Construction Limited v. Martin

Security for costs was ordered because Blackhawk, a corporation, failed to rebut the presumption under Rule 45.02(3)(c) by providing detailed evidence of income and capacity to raise security; in all the circumstances it was unfair to allow the claim to proceed without security, and the appropriate amount of security was fixed at $30,000 payable by November 16, 2020.

Citation
2020 NSSC 272
Parties
Plaintiff / Defendant by Counterclaim: Blackhawk Construction Limited; Defendants / Plaintiffs by Counterclaim: Gregory Neil Martin; Marjorie Marie Martin
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 October 2020
Procedural Posture
Civil — Contract and Tort (construction) Dispute / Motion for Security for Costs (pre Trial)
Outcome
Motion granted: security for costs ordered
Legal Topics
Security for Costs, Impecuniosity / Disclosure, Costs Estimation and Orders, Liens, Personal Property Security Act Searches
Source Language
English
Civil Procedure Contract Tort Construction Law Security for Costs Impecuniosity / Disclosure Costs Estimation and Orders Liens +1 more

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Parties

Blackhawk Construction Limited

Plaintiff / Defendant by Counterclaim

Gregory Neil Martin; Marjorie Marie Martin

Defendants / Plaintiffs by Counterclaim

Procedural Posture

Civil — Contract and Tort (construction) Dispute / Motion for Security for Costs (pre Trial)

Legal Issues

  1. 1 Whether security for costs should be ordered under Civil Procedure Rule 45
  2. 2 Whether Blackhawk rebutted the rebuttable presumption under Rule 45.02(3)(c) that it will have undue difficulty realizing on a costs award
  3. 3 Appropriate amount and timing of security for costs

Ratio Decidendi

Security for costs was ordered because Blackhawk, a corporation, failed to rebut the presumption under Rule 45.02(3)(c) by providing detailed evidence of income and capacity to raise security; in all the circumstances it was unfair to allow the claim to proceed without security, and the appropriate amount of security was fixed at $30,000 payable by November 16, 2020.

Court Disposition

Motion granted: security for costs ordered

Orders

  • Blackhawk Construction Limited shall post security for costs in the amount of $30,000 CAD
  • The security may be paid in installments but the total must be posted with the Court on or before November 16, 2020