In what circumstances will a responding party be found to have to post security?
Ontario, Canada
The following excerpt is from Sandella’s Franchising LLC v. Fuller Landau et al., 2013 ONSC4418, 2013 ONSC 4418 (CanLII):
Thus, in Pritchard v. Advante Solutions Inc.¸ [2005] OJ No. 2718, the master found against a responding party who sought to rely on his financially precarious position to avoid having to post security. In reviewing what little evidence was provided, the master concluded: Finally, he does not say that if he must post security this action will come to a halt, only that it “may” affect his ability to continue.
"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 Rule 2.02 of the Rules of Civil Procedure applicable to Respondent Respondents to Respondents Respondents? (Ontario, Canada)
What is the test for establishing that the responding party (the responding party) will not be prejudiced by the severance? (Ontario, Canada)
In what circumstances has the court found a defendant wilfully ignored orders of the court to disclose financial information to the respondent? (Ontario, Canada)
What is the factor considered in determining whether a delay in responding to an application is prejudice to responding parties? (Ontario, Canada)
In what circumstances have courts found that a husband and wife can no longer co-habit, and that the wife is entitled to possession of the house in each party’s name? (Ontario, Canada)
In what circumstances have costs been denied or substantially reduced because of the unsuccessful party's financial circumstances? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
In what circumstances have courts found that a parent unilaterally removed her children from Canada without the consent of the parties’ consent? (Ontario, Canada)
If the parties cannot agree on the issue of costs in a personal injury action, can the parties make written submissions to the Respondent to the Application to the Court of Appeal? (Ontario, Canada)
Does a material change in circumstances under what circumstances would have changed the terms of an order under which an order was made? (Ontario, Canada)
