Michaud v. Soprema Inc.

Michaud v. Soprema Inc.

The motion was dismissed because there was no evidence the resident plaintiff would avoid or be unable to meet a costs order and Adhésitech established impecuniosity and sufficient merit of its case such that Rule 417 operates to deny security for costs.

Citation
2001 FCT 1382
Parties
Plaintiff/cross Defendant: ROBERT MICHAUD; Plaintiff/cross Defendant: ADHÉSITECH INC.; Defendant/cross Plaintiff: SOPREMA INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 December 2001
Procedural Posture
Motion for Security for Costs (rule 416) / Interlocutory Motion
Outcome
Motion dismissed with costs to the defendant
Legal Topics
Security for Costs, Impecuniosity, Stay and Dismissal for Non Payment, Rule 416, Rule 417
Source Language
English
Civil Procedure Costs Federal Court Practice Security for Costs Impecuniosity Stay and Dismissal for Non Payment Rule 416 Rule 417

Case Brief

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Parties

ROBERT MICHAUD

Plaintiff/cross Defendant

ADHÉSITECH INC.

Plaintiff/cross Defendant

SOPREMA INC.

Defendant/cross Plaintiff

Procedural Posture

Motion for Security for Costs (rule 416) / Interlocutory Motion

Legal Issues

  1. 1 Whether defendant is entitled to security for costs in the amount claimed
  2. 2 Whether proceedings should be stayed or dismissed for non-payment of security
  3. 3 Whether impecuniosity and merits of the plaintiffs' case justify denial of security under Rule 417

Ratio Decidendi

The motion was dismissed because there was no evidence the resident plaintiff would avoid or be unable to meet a costs order and Adhésitech established impecuniosity and sufficient merit of its case such that Rule 417 operates to deny security for costs.

Court Disposition

Motion dismissed with costs to the defendant

Orders

  • Motion dismissed
  • Order for security of $44,000 not granted