Mapara v. Canada

Mapara v. Canada

The appeal is dismissed because the Prothonotary correctly applied Rules 416(1) and 417, required and did not find the high standard of proof of impecuniosity (no evidence of spouse's assets, no evidence friends/family could not assist, and plaintiff's history of paying fees for ten lawsuits), and therefore properly ordered security for costs; the late affidavits were rightly excluded as they could have been before the Prothonotary.

Citation
2015 FC 110
Parties
Plaintiff: Sameer Mapara; Defendant: Her Majesty the Queen
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 January 2015
Procedural Posture
Appeal of Prothonotary's Security for Costs Order (underlying Action: Damages for Administrative Segregation) / Appeal (oral and Written Reasons)
Outcome
Appeal dismissed; costs awarded to Defendant
Legal Topics
Security for Costs, Impecuniosity, Access to Justice, Procedural Discretion
Source Language
English
Civil Procedure Costs Administrative Law Security for Costs Impecuniosity Access to Justice Procedural Discretion

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Parties

Sameer Mapara

Plaintiff

Her Majesty the Queen

Defendant

Procedural Posture

Appeal of Prothonotary's Security for Costs Order (underlying Action: Damages for Administrative Segregation) / Appeal (oral and Written Reasons)

Legal Issues

  1. 1 Whether to receive affidavits not before the Prothonotary
  2. 2 Whether the security for costs question was vital to the final issue in the underlying action
  3. 3 Whether the Prothonotary's decision was clearly wrong (wrong principle or misapprehension of facts)

Ratio Decidendi

The appeal is dismissed because the Prothonotary correctly applied Rules 416(1) and 417, required and did not find the high standard of proof of impecuniosity (no evidence of spouse's assets, no evidence friends/family could not assist, and plaintiff's history of paying fees for ten lawsuits), and therefore properly ordered security for costs; the late affidavits were rightly excluded as they could have been before the Prothonotary.

Court Disposition

Appeal dismissed; costs awarded to Defendant

Orders

  • The appeal is dismissed.
  • Costs are awarded to the Defendant in any event of the cause and are fixed at $500.