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May
01
2008
Costs Security
In the Rules of Civil Procedure there is a provision by which a defendant can move to force a plaintiff, who is impecunious, to pay money into court as security for costs. That money will be used if the plaintiff is unsuccessful in its action and is ordered to pay some or all of the costs of the action that the successful defendant incurs. The question is whether that tactical motion can be used in a Construction Lien Act action. This issue was dealt with in ICI Construction Ltd. v. Altavista Properties Inc., a 2007 decision of a Master of the Ontario Superior Court of Justice.
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01
2008
Try Anything
There are times when a litigation lawyer looks at the facts, looks at the law, and says, “Ugghh”. The lawyer then has two choices: fold on a legal action or be creative. Of course, the client has to decide whether to fund the creativity, knowing that creativity, without decent facts or law, does not have a great track record for litigation success. One such case was Don Fry Scaffold Services Inc. v. Ontario, a 2007 decision of the Ontario Superior Court of Justice.
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