Does a motion for security for costs become a summary judgment?

Ontario, Canada


The following excerpt is from Ali Zenaid Trading Company LLC v. Heys International Limited, 2019 ONSC 674 (CanLII):

I accept that a motion for security for costs should not be turned into a motion for summary judgment. If an action is complex or turns on issues of credibility, an assessment of the merits is not appropriate. In such cases where it is not possible for the court to determine on the motion record before it whether the plaintiff’s case has a good chance of success, the merits would be a neutral factor (Jones v. Jones 2013 ONSC 1377, paragraph 32). This does not mean that scrutiny of the merits is not warranted. Indeed, the test to respond to such a motion demands such a consideration.

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