Rankin v. Schoner

Rankin v. Schoner

Security for costs was ordered because the plaintiff lives outside the jurisdiction, there was insufficient sworn evidence from the plaintiff demonstrating impecuniosity or intent to return, and the plaintiff had been dilatory; to avoid stifling a potentially meritorious claim the amount was fixed at a moderate sum of $7,000 with an additional costs award of $750, and the plaintiff barred from proceeding to scheduling or trial until payments made.

Citation
2004 NSSC 95
Parties
Defendant / Applicant: Brenda Rankin; Plaintiff / Respondent: Werner Schoner
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 February 2004
Procedural Posture
Application for Security for Costs (civil) / Interlocutory Application
Outcome
Security for costs ordered; interlocutory relief granted
Legal Topics
Security for Costs, Impecuniosity, Jurisdiction, Merits Threshold, Discovery, Dismissal for Non Compliance
Source Language
English
Civil Procedure Costs Personal Injury Family Law (related) Security for Costs Impecuniosity Jurisdiction Merits Threshold +2 more

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Parties

Brenda Rankin

Defendant / Applicant

Werner Schoner

Plaintiff / Respondent

Procedural Posture

Application for Security for Costs (civil) / Interlocutory Application

Legal Issues

  1. 1 Whether security for costs should be ordered under Civil Procedure Rule 42.01 given plaintiff's residence out of jurisdiction
  2. 2 Whether the plaintiff has demonstrated impecuniosity sufficient to avoid security for costs
  3. 3 Whether the claim is frivolous or vexatious and whether an order would stifle a genuine claim

Ratio Decidendi

Security for costs was ordered because the plaintiff lives outside the jurisdiction, there was insufficient sworn evidence from the plaintiff demonstrating impecuniosity or intent to return, and the plaintiff had been dilatory; to avoid stifling a potentially meritorious claim the amount was fixed at a moderate sum of $7,000 with an additional costs award of $750, and the plaintiff barred from proceeding to scheduling or trial until payments made.

Court Disposition

Security for costs ordered; interlocutory relief granted

Orders

  • Plaintiff to post $7,000 as security for costs on or before August 1, 2004
  • Plaintiff to pay costs of the application in the amount of $750 to be paid within 30 days