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ARTICLE · 09 NOVEMBER 2016

Security For Judgment: A Useful And Often Overlooked Remedy

McLennan Ross was recently successful in obtaining a Security for Judgment Order to protect the interests of a client involved in lengthy litigation.

CanadaLitigation, Mediation & Arbitration

McLennan Ross was recently successful in obtaining a Security for Judgment Order to protect the interests of a client involved in lengthy litigation.

It is not uncommon for one party which has breached a contract with another to keep the funds that are owed and force the victim party to sue for recovery. The irony is that the longer the litigation progresses the more of the defendant's funds (and arguably the plaintiff's funds) are consumed by the litigation.

It can also be frustrating for a plaintiff to litigate against a party who seeks to rely on the many and varied procedural steps available in the Rules of Court, yet refuses to follow Court Orders and Judgments. One lesser known, yet effective, remedy for these situations is Security for Judgment.

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