Mapara v. Canada

Mapara v. Canada

The plaintiff failed to discharge the onus of demonstrating impecuniosity by full and frank disclosure and failed to show that his action has sufficient merit; accordingly the Crown was prima facie entitled to security for costs and the Court fixed security at $12,000, barred the plaintiff from further steps until paid and granted a limited extension for the Crown's pre-trial memorandum.

Citation
2014 FC 538
Parties
Plaintiff: Sameer Mapara; Defendant: Her Majesty the Queen
Court
Federal Court
Jurisdiction
Canada
Judgment Date
4 June 2014
Procedural Posture
Civil Damages / Pre Trial: Motion for Security for Costs
Outcome
Motion granted in part: security for costs ordered
Legal Topics
Security for Costs, Impecuniosity, Access to Justice, Charter Remedies, Costs Orders
Source Language
English
Administrative Law Constitutional Law Civil Procedure Prison Law Security for Costs Impecuniosity Access to Justice Charter Remedies +1 more

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Parties

Sameer Mapara

Plaintiff

Her Majesty the Queen

Defendant

Procedural Posture

Civil Damages / Pre Trial: Motion for Security for Costs

Legal Issues

  1. 1 Whether Crown is prima facie entitled to security for costs due to unpaid costs orders against the plaintiff
  2. 2 Whether the plaintiff has demonstrated impecuniosity to avoid an order for security under Rule 417
  3. 3 Whether the plaintiff has demonstrated that his case has sufficient merit to avoid security for costs

Ratio Decidendi

The plaintiff failed to discharge the onus of demonstrating impecuniosity by full and frank disclosure and failed to show that his action has sufficient merit; accordingly the Crown was prima facie entitled to security for costs and the Court fixed security at $12,000, barred the plaintiff from further steps until paid and granted a limited extension for the Crown's pre-trial memorandum.

Court Disposition

Motion granted in part: security for costs ordered

Orders

  • Plaintiff to pay security for costs of $12,000.00 within 90 days of the date of the Order
  • Plaintiff shall not take any further steps in the proceeding until the security for costs has been paid, except for an appeal from this Order