[2013] 3 F.C.R. D-9
Elections
Motions by respondent Members of Parliament (MPs) seeking orders requiring applicants in underlying proceedings to post increased security for costs—Applicants contesting results of 41st general election in respondent MPs’ electoral districts—To date, applicants posting mandatory $1 000 for security for costs as required by Canada Elections Act, S.C. 2000, c. 9, s. 526(1)—Act, s. 526(2) giving Court discretion to increase that amount where just to do so—However, that section not setting out criteria to be taken into account in determining what is “just”—Purpose of such orders to ensure that any likely award of costs made against litigant at conclusion of proceeding can be effectively recovered by party defending or responding to litigation—Application of rationale for security for costs taking into account balance of interests—Balance coming into play only where reason to think insufficient assets existing to satisfy potential costs order or where other factors suggesting recovery of costs will be difficult—Respondent MPs failing to adduce such evidence—Motions denied.
Bielli v. Canada (Attorney General) (T-616-12, T-619-12, T-620-12, T-621-12, T-633-12, T-634-12, T-635-12, 2012 FC 1172, Aronovitch P., order dated October 5, 2012, 15 pp.)