What is the test for security for costs against an individual plaintiff?
British Columbia, Canada
The following excerpt is from Extra Gift Exchange Inc. v. Accurate Effective Bailiffs Ltd., 2008 BCSC 440 (CanLII):
As is set out in more detail subsequently in this Judgment, the test to be met for an order against an individual plaintiff is much higher than the test to be met for an order against a corporate plaintiff. Specifically, in addition to establishing all of the requirements necessary to succeed in an application against a corporate plaintiff, an applicant seeking security for costs against an individual plaintiff must prove that there are special or egregious circumstances: Bronson v. Hewitt, 2007 BCSC 1751 at para. 47.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is security for costs of an appeal cost more readily than security for trial costs? (British Columbia, Canada)
What is the test for securing security for costs against a plaintiff? (British Columbia, Canada)
What is the test for obtaining security for costs against an individual plaintiff? (British Columbia, Canada)
What is the test for requiring an appellant to pay some costs and to post security for other costs? (British Columbia, Canada)
In what circumstances has security for costs been awarded against nominal plaintiffs? (British Columbia, Canada)
Can an individual post security for costs? (British Columbia, Canada)
If a plaintiff has not used an item of service in the past, is it appropriate to include that cost in the future cost award? (British Columbia, Canada)
What is the current state of the law on security for costs against an impecunious plaintiff? (British Columbia, Canada)
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
Can a plaintiff company prevent an order for security for costs? (British Columbia, Canada)
