What is Economical's case law on security for costs?

Nova Scotia, Canada


The following excerpt is from Ocean v. Economical Mutual Insurance Company, 2011 NSSC 408 (CanLII):

Finally, Economical must satisfy me that, in all of the circumstances, it would be unfair for the claim to continue without an order for security for costs. When considering all of the circumstances, I must recognize that an order for security for costs requires a plaintiff to post security for a debt that has not yet been determined to exist. In this regard, it is a form of execution before judgment (see Wall v. 679927 Ontario Ltd. et al., supra, at ¶ 50.) On the other hand, if the risk of a costs award is going to serve its purpose of encouraging reasonable behaviour in litigation, there should generally be some protection that those risks are real to both the plaintiff and the defendant (Wall, supra, at ¶ 49.)

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