What is the current state of the law on security for costs?

British Columbia, Canada


The following excerpt is from Bronson v. Tompkins Ranching Ltd., 2013 BCSC 846 (CanLII):

Goepel J. reviewed the authorities in respect of security for costs in Bronson v. Hewitt, 2007 BCSC 1751 at paras. 21 - 34. In his discussion of the authorities, Goepel J. laid out the following principles at paras. 41 - 49: • individual and corporate plaintiffs have always been treated differently; • an order for security for costs against a corporate plaintiff prevents its principals from hiding behind the corporate veil, operating as a disincentive for “litigious abuses”; • with individuals, on the other hand, the fundamental concern is access to the courts. Individuals have always been granted access to the courts regardless of their ability to pay a successful defendant's costs. Only in egregious circumstances have individuals been ordered to post security for costs; • an applicant no longer has the power to demand security for costs simply because the plaintiff resides outside of the jurisdiction and does not possess assets within it; • the onus is on the applicant to establish that it will be unable to recover its costs; • the power to order security for costs against individuals should be exercised cautiously, sparingly and only under very special circumstances; and • once it has been determined that it is appropriate to order security for costs, the Kropp principles should be considered.

Other Questions


Is security for costs of an appeal cost more readily than security for trial costs? (British Columbia, Canada)
What is the current state of the law on security for costs against an impecunious plaintiff? (British Columbia, Canada)
What is the current state of the law governing security for costs? (British Columbia, Canada)
What is the test for securing security for costs against a plaintiff? (British Columbia, Canada)
What is the current state of the law on a lump sum award for costs of future care? (British Columbia, Canada)
What is the current state of the law on costs in estate matters? (British Columbia, Canada)
What is the current state of the law in Canada on the issue of differential treatment between male and female security guards? (British Columbia, Canada)
What is the current state of the law on leave to appeal from an order for special costs made separately from the substantive order? (British Columbia, Canada)
What is the current state of the law on costs in family litigation? (British Columbia, Canada)
What is the current state of the law in Canada under s. 12 of the Canada-Canada Border Security Act? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.