In what circumstances will a court order security for costs in a personal injury action?
Prince Edward Island, Canada
The following excerpt is from O’Leary Potato Packers Ltd. v. Lewis, 2018 PESC 36 (CanLII):
Another factor for consideration in determining whether justice demands that a matter proceed in the absence of an order for security, is whether the plaintiff’s claim appears to be sound. As the court concluded in the decision of Zenner v. Flanagan, 2015 PESC 5 (PEISC), where the claim appears tenuous and the defence looks strong, this militates in favour of ordering that security for costs be posted.
"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
In what circumstances will a plaintiff receive his full costs in a personal injury action? (Prince Edward Island, Canada)
What is the quantum of costs awarded in a personal injury action? (Prince Edward Island, Canada)
In what circumstances will time consumption and cost considerations be considered in a personal injury case? (Prince Edward Island, Canada)
Can a court order substantial indemnity costs against a father who has consistently breached the terms of a restraining order? (Prince Edward Island, Canada)
What is the test for calculating solicitor's costs in a personal injury action? (Prince Edward Island, Canada)
How have courts dealt with costs in personal injury cases? (Prince Edward Island, Canada)
What are the consequences of an appeal against orders requiring security for costs and payment of further interim costs? (Prince Edward Island, Canada)
What is sufficient assets for a corporation to be enforceable in a personal injury action? (Prince Edward Island, Canada)
In what circumstances will a court order that a RESP account contributed by family members be used to fund a child's education? (Prince Edward Island, Canada)
In what circumstances will the Court in B.C. consider a third party order? (Prince Edward Island, Canada)
