What is the test for proving that a plaintiff corporation has sufficient assets to satisfy a claim for costs?
Ontario, Canada
The following excerpt is from 1731431 Ontario Limited v Crestwood Apartments et al, 2011 ONSC 6227 (CanLII):
The plaintiff corporation has a higher onus to demonstrate a sufficiency of assets "by convincing evidence." This includes: "information and supporting documentation as to the current status of its assets and liabilities, particularly liabilities secured against those assets put forward as available to pay a judgment for costs." See: Cobalt Engineering v. Genivar Inc., 2011 CarswellOnt 8854, (Master), at paras. 9 and 19.
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