This ruling by Master Jolley, in a case argued by Stevenson Whelton partner Richard Macklin and associate Lucinda Bendu, took a close look at the merits of the foreign plaintiff’s claim. Her Honour found that the merits were sufficiently strong to defeat the motion for a six-figure Security for Costs Order – brought by an Ontario defendant.
Defeating a Security for Costs motion on the “merits” ground is exceptionally rare in the case of a foreign plaintiff, that has no assets in Ontario.
Her Honour addressed this unique practice issue and dismissed the motion in Ali Zenaid Trading Company LLC v. Heys International Limited, 2019 ONSC 674. Her Honour further ordered $15,000 in costs against the defendant.