Can a judge refuse an order for security for costs against a non-resident plaintiff?

British Columbia, Canada


The following excerpt is from Shiell v. Coach House Hotel Ltd., 1982 CanLII 454 (BC CA):

Launer v. Sommerfeld, supra, has been cited as authority for the proposition that the granting or withholding of an order for security is an exercise of the courts' inherent jurisdiction. The question raised in that case was whether a judge could, in his discretion, refuse an order for security for costs against a non-resident plaintiff when an application was made under the marginal rule. Collins J. decided, rightly in my view, that he had that discretion. In the course of that judgment there is a worthwhile review of the history of the rule and of proceedings under the rule. Nothing was said about the situation that would exist if the rule was withdrawn.

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