How has the court dealt with a motion for security for costs where the discovery is 4 years old?
Ontario, Canada
The following excerpt is from Livent. Inc. (Special Receiver) v. Deloitte & Touche, 2011 ONSC 648 (CanLII):
Four years later, in Linshalm v. Haberler, [1997] O.J. No. 2842, E.M. Macdonald J. dealt with a motion for an order for security for costs where the action had been pending for four years. Discoveries were incomplete until three years after the action was commenced. Both parties had retained sophisticated legal counsel early in the fourth year. This led to refocusing of the legal issues and a motion for security for costs. The plaintiff argued the delay in seeking security would prejudice him.
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