What is impecuniosity?

Ontario, Canada

The following excerpt is from Burrell v. Regional Municipality of Peel Police Services Board, 2010 ONSC 1387 (CanLII):

The Master was conscious throughout these proceedings that the appellant was a person of very limited means. He discussed impecuniosity in each of his endorsements. However, he concluded that the appellant’s initial breach of the undertakings order was not the result of her impecuniosity. Moreover, impecuniosity is not a shield where a party has consistently failed to act reasonably (Christian Jew Foundation v. Christian Jew Outreach, [2007] O.J. No. 2140 (S.C.J.) at para. 69). The Master was concerned, as well, about fairness to the respondents in this case. In my view, he made no error of principle nor any palpable and overriding error in his appreciation of the facts.

Other Questions

What is the evidentiary onus on the responding party to impecuniosity? (Ontario, Canada)
Can a judge order costs to be paid forthwith on the grounds of impecuniosity? (Ontario, Canada)
Is refusing to post security sufficient to impecuniosity? (Ontario, Canada)
In what circumstances have courts found hardship or impecuniosity to be relevant in determining judicial costs? (Ontario, Canada)
What is the test for impecuniosity? (Ontario, Canada)
Does impecuniosity need to be proven to be a defence against costs? (Ontario, Canada)

Whitelogo nobg 300dpi sm

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.