Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Civil procedure – Costs – Posting of security for costs – Whether Court of Appeal erred in refusing to set aside order dismissing appeal – Whether Court of Appeal erred in finding letter of credit provided as security for costs improper – Whether Court of Appeal erred in refusing to set aside consent order ordering applicants to post security for costs under circumstances.

The applicants commenced an appeal to the Ontario Court of Appeal which was dismissed for delay in February 2011. On November 3, 2011, MacPherson J.A. extended the time to perfect the appeal to February 3, 2012 and ordered the applicants to post security for costs in the amount of $52,500. The applicants brought a motion to vary the order. The respondent brought a cross-motion to dismiss the appeal for failure of the applicants to properly post security for costs.

MacPherson J.A. declined to vary his order either by deleting a requirement that the applicants post security for costs or by directing that the applicants could post a letter of credit from a private corporation, Cadillac Financial Ltd., in satisfaction of the order for security for costs. Instead, MacPherson J.A. dismissed the applicants’ appeal because they had failed to comply with the consent order for security for costs. The applicants brought a motion to set aside the order dismissing the appeal. The Court of Appeal dismissed the motion.

Lower Court Rulings