PRACTICE |
Costs |
Ayangma v. Canada
T-1129-03
2003 FC 1013, Lemieux J.
29/8/03
10 pp.
Defendant Her Majesty the Queen (HMQ) seeking security for costs in amount of $10,000 pursuant to Federal Court Rules, 1998 (Rules), r. 416 (1)(e) and (f)--Essence of motion turns on application of r. 416(1)(f)--First, defendant not persuading Court r. 416(1)(e) applicable--R. 416(1)(e) applicable if plaintiff has another proceeding for same relief pending elsewhere--Plaintiff herein not seeking same relief as in case T-900-03--Defendant entitled to order for security for costs since evidence produced by HMQ on motion meeting all requirements--HMQ produced three certificates of assessment whereby costs have been taxed and allowed against plaintiff--Under r. 416(1)(f), defendant does not have to demonstrate plaintiff's action has no merit and plaintiff would have insufficient assets in Canada available to pay costs--R. 416(1)(f) providing Court may order security for costs be given in stages, as costs incurred--Staging provides for fairness and balance--At first stage, plaintiff ordered to provide for security of $1,300 covering estimated costs for preparation of Crown's defence, this motion and defendant's affidavit of documents, listing and inspection--Also, plaintiff shall provide security for costs not less than thirty days after delivery of HMQ's affidavit of documents before defendant required to expend time and effort in preparation for examination for discovery and attendance on discovery-- Clear from Rules plaintiff cannot take further steps in action unless posting security ordered--Finally, no basis to award security for costs on solicitor-client basis because plaintiff did not do anything reprehensible, scandalous or outrageous-- Motion allowed in part--Federal Court Rules, 1998, SOR/98-106, r. 416(1).