What is the test for impecuniosity?
Ontario, Canada
The following excerpt is from Kolosov v. Lowe’s Companies Inc., 2016 ONSC 4799 (CanLII):
The plaintiffs have the onus to establish their impecuniosity through evidence. They have not done so. Evidence of impecuniosity should be robust. There should be no unanswered questions. Full financial disclosure is required. The plaintiffs must satisfy the court that they have no ability to muster funding to continue the case: see Morton v. Canada, 2005 CanLII 6052 (ONSC), at para. 32. Here, the plaintiffs have not delivered any evidence that establishes impecuniosity, and they have made no financial disclosure at all.
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