Security for Costs Motion
by: Justin de Vries, 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: Justin de Vries, 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