Can a plaintiff company prevent an order for security for costs?
British Columbia, Canada
The following excerpt is from Water Street Profile Services Inc. v Kelowna Sustainable Innovation Group Ltd., 2019 BCSC 324 (CanLII):
If the applicant discharges that burden, then the plaintiff company may prevent an order for security for costs if it can show that it has sufficient exigible assets to satisfy an award of costs, or there is no arguable defence to the claim then the security should not be ordered: Colter Developments at para. 98; see also Devocht v. Hallgren, 2015 BCSC 149.The burden of proving the absence of an arguable defence rests on the plaintiff: Devocht at para. 67.
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