Is a defendant required to bring a motion for security for costs at the earliest opportunity?
Ontario, Canada
The following excerpt is from Smoljan (Bankruptcy Trustee of) v. Musiala, 2019 ONSC 6776 (CanLII):
A defendant is required to bring a motion for security for costs at the earliest opportunity when it becomes aware of the grounds for doing so. This permits the plaintiff to make an informed decision about whether to invest time and money in litigation, knowing that it may have to post security as a condition of proceeding to trial: 1632097 Ontario Limited v. 1338025 Ontario Inc., 2011 ONSC 5909, 2011 CarswellOnt 11513.
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