Construction Lien Action – Security for Costs
In a motion by the defendant to require the plaintiff in a lien action to post security for costs, bald assertions of impecuniosity by the plaintiff are insufficient. The plaintiff must provide supporting documentation as to whether the sole shareholder can borrow against the remaining assets of the corporation, or its insurance claim, or insurance proceeds when received. In the absence of such proof, security for costs on a “pay-as-you-go” basis was ordered:
Sterling Electrical Contractors Inc. v. 20887585 Ontario Inc. 2010 ONSC 5346