Canada Case Law

Mansfield v. College of Physicians and Surgeons of Newfoundland and Labrador

Court

Newfoundland and Labrador Court of Appeal

Seal's application for security for costs was dismissed because he failed to demonstrate Mansfield would be unable to pay his costs on appeal and Mansfield showed the appeal was reasonably or fairly apparent to have merit; additionally, the court noted that intervenor costs are not routinely awarded and must be justified, so ordering security was not warranted.

Source excerpt

• Security for costs
• Intervention
• Costs of intervenor
• Appellate review of discretionary orders
• Stay of costs

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Bryzzhev v. University of British Columbia

Court

British Columbia Court of Appeal

Given the unresolved and potentially determinative legal issues about the scope of both the common law academic immunity and statutory immunity in s.69(2) of the University Act, and because a related divisional appeal (Easley) may clarify those issues, it was contrary to the interests of justice to require the indigent appellant to post security that could prevent pursuit of an appeal; the chambers judge's security order was therefore set aside.

Source excerpt

• University immunity
• Academic matters immunity
• Security for costs
• Dismissal for abandonment
• Strike under rule 9-5(1)(a)
• University act s.69(2) interpretation

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mCloud Technologies Corp. v. Wynward Insurance Group

Court

British Columbia Court of Appeal

The Court has jurisdiction to consider applications to amend leave applications after the s.60 30-day period, but must refuse amendments that are so significant they effectively constitute an application for extension of time; the proposed amendments here fundamentally reframed the appeal and therefore were dismissed as an impermissible extension of time.

Source excerpt

• Leave to appeal
• Amendment of leave application
• Statutory time limits
• Extension of time
• Security for costs
• Directors' liability

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Diamant Cleaning Vancouver Inc. v. Li

Court

British Columbia Court of Appeal

The appeal is dismissed because the Court of Appeal found no palpable and overriding errors in the summary trial judge's factual findings that the solicitor obtained instructions to settle, that the client understood and consented to the mutual release, and that the solicitor's advice and conduct met the standard of a reasonably competent lawyer; therefore there was no basis to find solicitor's negligence.

Source excerpt

• Solicitor's duty of care
• Scope of retainer
• Summary trial
• Security for costs
• Settlement and mutual release
• Standard of review

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The Wallin Company Inc. v. Knappett Projects Inc.

Court

Supreme Court of British Columbia

Defendants established a prima facie case that the plaintiff lacks sufficient assets in British Columbia to satisfy a costs award because the plaintiff's BC-located assets are encumbered and readily removable and future contracts are speculative; the plaintiff failed to rebut by showing available assets, lack of arguable defence, or that security would stifle the action; accordingly the court ordered security for costs in the amount of $40,000, stayed the action until posted, gave 45 days to post the security, and awarded defendants costs of the application in the cause.

Source excerpt

• Security for costs
• Builders' lien
• Extra-provincial registration
• Impecuniosity
• Enforcement of costs orders

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Rabbani v. Furney

Court

Court of Appeal for Ontario

The Court of Appeal quashed the appeal for want of jurisdiction, holding that a security for costs order is interlocutory and not appealable to that court.

• Security for costs
• Interlocutory orders
• Jurisdiction
• Finality
• Security-for-costs
• Interlocutory-orders

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Perry v. General Motors of Canada

Court

British Columbia Court of Appeal

Perry demonstrated an inability to focus on the real issues, repeatedly failed to comply with timelines, and persistently commenced and continued vexatious proceedings by bringing prolix, repetitive and unsupported allegations of fraud and misconduct; accordingly a s.22 order was warranted to prevent further abuse of this Court's process, with specified leave conditions and narrow exceptions.

Source excerpt

• Vexatious proceedings
• Access to courts
• Security for costs
• Abuse of process
• Leave to appeal
• Case management

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World Financial Solutions Inc. v. 2573138 Ontario Ltd.

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed a motion to set aside a security for costs order, denied an extension of time, and awarded costs to the responding parties.

• Security for costs
• Extension of time
• Standard of review
• Dismissal for non-compliance
• Security-for-costs
• Extension-of-time

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Dale v. Toronto Real Estate Board

Court

Court of Appeal for Ontario

The Court of Appeal dismissed an appeal challenging the refusal to set aside a consent dismissal and settlement, and upheld dismissal of a later duplicate action as abuse of process.

• Rule 49.09
• Rule 2.1.01
• Abuse of process
• Consent dismissal
• Settlement enforcement
• Security for costs

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Galang v. Canada (Attorney General)

Court

Supreme Court of British Columbia

Parts 1 and 3 of the Further Amended Notice of Civil Claim were struck out with leave to amend because the pleadings contained substantial amounts of evidence and unnecessary material and failed to concisely plead material facts and the specific elements required to meet statutory immunities and vicarious liability issues; summary judgment was denied because affidavit evidence was inadequate, hearsay concerns and disputed records created genuine issues for trial; security for costs was denied because plaintiff's impecuniosity and steps taken to address finances made an order disproportionate…

Source excerpt

• Striking pleadings
• Summary judgment
• Security for costs
• Vicarious liability
• Statutory immunity
• Mental health act detention

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