Under rule 56.01 of the Rules of Civil Procedure, a
defendant can protect themselves against the costs of a legal
proceeding by seeking an order that the plaintiff post security for
costs. Such orders are also available to third parties who are sued
by defendants.
In circumstances where a security for costs motion has been
brought and is then abandoned or withdrawn, a plaintiff is also
entitled to obtain costs for being required to respond to the
motion.
In three cases, lawyers at Gardiner Roberts LLP were either able
to successfully obtain security for costs for their clients or
recover costs for an abandoned security for costs motion.
Obtaining security for costs
In 1502300 Ontario Inc. v. Kanellos, 2024
ONSC 4452
["Kanellos"] and World
Financial Solutions Inc. v. Alfred, CV-18-000594161-0000,
Justice Akazaki, August 7, 2024
["Alfred"], senior partner,
Anna Husa, and senior associate, James Beesley, were, respectively,
successful in obtaining security
