Legal Papers

Security for Costs Motion

by: , January 31, 2006

Motions for security for costs provide a means for a defendant to ensure, before litigation proceeds too far, that there is a fund of money in place to pay the defendant’s costs, should the defendant be entitled to costs. By forcing the plaintiff to pay money into court, a security for costs motion acts as…read more

The Real Cost of Litigating

by: , December 15, 2005

McDougald Estate v. Gooderham (2005), 17 E.T.R. (3d) 36, 255 D.L.R. (4th) 435 (ON CA) represented the end of the era of estates being used as “ATM machines” out of which litigants could recover their full legal fees.  In this foundational case, the Court of Appeal for Ontario held that, just like all other civil litigation, the…read more