Can a court order a security for costs award in favour of the moving party?
Ontario, Canada
The following excerpt is from Sobhi v. Toronto Homes and Building Realty Inc., 2021 ONSC 8006 (CanLII):
The moving party has demonstrated that there is an outstanding costs award in its favour. This does not alone create an entitlement to a security for costs order, as the court considers a number of factors, including assessing “the justness of the order holistically, examining all the circumstances of the case and guided by the overriding interests of justice to determine whether it is just that the order be made” before making such an order (Yaiguaje v. Chevron Corp. 2017 ONCA 827).
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