Is a security for costs order enforceable?
British Columbia, Canada
The following excerpt is from 594630 B.C. Ltd. & Sidhu v. Kamila, 2004 BCSC 640 (CanLII):
In balancing the injustices that may arise from the imposition of a security for costs order, I have noted above that I am not satisfied that such an order would stifle a valid claim. On the other hand the defendant, a resident of Alberta, is faced with considerable expense in defending a case whose outcome is by no means certain. I note the statement of Finch J.A. (as he then was)at ¶11 of Kropp v. Swaneset: The law does not treat corporate plaintiffs with the same generosity and flexibility as natural persons opposing an application for security.
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